Solicitors' (Non-Contentious Business) Remuneration Order 1994

JurisdictionUK Non-devolved

1994 No. 2616 (L.16)

SOLICITORS

The Solicitors' (Non-Contentious Business) Remuneration Order 1994

Made 5th October 1994

Laid before Parliament 10th October 1994

Coming into force 1st November 1994

The Lord Chancellor, the Lord Chief Justice, the Master of the Rolls, the President of the Law Society, the president of Holborn law society and the Chief Land Registrar (in respect of business done under the Land Registration Act 19251), together constituting the committee authorised to make orders under section 56 of the Solicitors Act 19742, in exercise of the powers conferred on them by that section and having complied with the requirements of section 56(3), hereby make the following Order:—

S-1 Citation, Commencement and Revocation

Citation, Commencement and Revocation

1.—(1) This Order may be cited as the Solicitors' (Non-Contentious Business) Remuneration Order 1994.

(2) This Order shall come into force on 1st November 1994 and shall apply to all non-contentious business for which bills are delivered on or after that date.

(3) The Solicitors' Remuneration Order 19723is hereby revoked except in its application to business for which bills are delivered before this Order comes into force.

S-2 Interpretation

Interpretation

2. In this Order:—

“client” means the client of a solicitor;

“costs” means the amount charged in a solicitor’s bill, exclusive of disbursements and value added tax, in respect of non-contentious business or common form probate business;

“entitled person” means a client or an entitled third party;

“entitled third party” means a residuary beneficiary absolutely and immediately (and not contingently) entitled to an inheritance, where a solicitor has charged the estate for his professional costs for acting in the administration of the estate, and either

(a) the only personal representatives are solicitors (whether or not acting in a professional capacity); or

(b) the only personal representatives are solicitors acting jointly with partners or employees in a professional capacity;

“paid disbursements” means disbursements already paid by the solicitor;

“recognised body” means a body corporate recognised by the Council under section 9 of the Administration of Justice Act 19854;

“remuneration certificate” means a certificate issued by the Council pursuant to this Order;

“residuary beneficiary” includes a person entitled to all or part of the residue of an intestate estate;

“solicitor” includes a recognised body;

“the Council” means the Council of the Law Society.

S-3 Solicitors' costs

Solicitors' costs

3. A solicitor’s costs shall be such sum as may be fair and reasonable to both solicitor and entitled person, having regard to all the circumstances of the case and in particular to:—

(a) the complexity of the matter or the difficulty or novelty of the questions raised;

(b) the skill, labour, specialised knowledge and responsibility involved;

(c) the time spent on the business;

(d) the number and importance of the documents prepared or perused, without regard to length;

(e) the place where and the circumstances in which the business or any part thereof is transacted;

(f) the amount or value of any money or property involved;

(g) whether any land involved is registered land;

(h) the importance of the matter to the client; and

(i) the approval (express or implied) of the entitled person or the express approval of the testator to:—

(i) the solicitor undertaking all or any part of the work giving rise to the costs or

(ii) the amount of the costs.

S-4 Right to certification

Right to certification

4.—(1) Without prejudice to the provisions of sections 70, 71, and 72 of the Solicitors Act 1974 (which relate to taxation of costs), an entitled person may, subject to the provisions of this Order, require a solicitor to obtain a remuneration certificate from the Council in respect of a bill which has been delivered where the costs are not more than £50,000.

(2) The remuneration certificate must state what sum, in the opinion of the Council, would be a fair and reasonable charge for the business covered by the bill (whether it be the sum charged or a lesser sum). In the absence of taxation the sum payable in respect of such costs is the sum stated in the remuneration certificate.

S-5 Disciplinary and other measures

Disciplinary and other measures

5.—(1) If on a taxation the taxing officer allows less than one half of the costs, he must bring the facts of the case to the attention of the Council.

(2) The provisions of this Order are without prejudice to the general powers of the Council under the Solicitors Act 1974.

S-6 Commencement of proceedings against a client

Commencement of proceedings against a client

6. Before a solicitor brings proceedings to recover costs against a client on a bill for non-contentious business he must inform the client in writing of the matters specified in article 8, except where the bill has been taxed.

S-7 Costs paid by deduction

Costs paid by deduction

7.—(1) If a solicitor deducts his costs from monies held for or on behalf of a client or of an estate in satisfaction of a bill and an entitled person objects in writing to the amount of the bill within the prescribed time, the solicitor must immediately inform the entitled person in writing of the matters specified in article 8, unless he has already done so.

(2) In this article and in article 10, “the prescribed time” means:—

(a)

(a) in respect of a client, three months after delivery of the relevant bill, or a lesser time (which may not be less than one month) specified in writing to the client at the time of...

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