Part III Remuneration of Solicitors

Contentious business

C1C264 Form of bill of costs for contentious business.

1

Where the remuneration of a solicitor in respect of contentious business done by him is not the subject of a contentious business agreement, then, subject to subsections (2) to (4), the solicitor’s bill of costs may at the option of the solicitor be either a bill containing detailed items or a gross sum bill.

2

The party chargeable with a gross sum bill may at any time—

a

before he is served with a writ or other originating process for the recovery of costs included in the bill, and

b

before the expiration of three months from the date on which the bill was delivered to him,

require the solicitor to deliver, in lieu of that bill, a bill containing detailed items; and on such a requirement being made the gross sum bill shall be of no effect.

3

Where an action is commenced on a gross sum bill, the court shall, if so requested by the party chargeable with the bill before the expiration of one month from the service on that party of the writ or other originating process, order that the bill be F1assessed.

4

If a gross sum bill is F2assessed, whether under this section or otherwise, nothing in this section shall prejudice any rules of court with respect to F3assessment, and the solicitor shall furnish the F4costs officer with such details of any of the costs covered by the bill as the F4costs officer may require.