Costs payable to solicitor where money claimed by or on behalf of person under disability
63.31 Costs payable to solicitor where money claimed by or on behalf of person under disability
(1) This rule applies to a proceeding (including a proceeding in the Court of Appeal) in which:
(a) money is claimed or recovered by or on behalf of, or adjudged, ordered, or agreed to be paid to or for the benefit of, a person under a disability; or
(b) money paid into court is accepted on behalf of a person under a disability.
(2) The costs of a proceeding to which this rule applies which are payable by a plaintiff to his solicitor shall, unless the Court otherwise orders, be taxed on the indemnity basis.
(3) On a taxation under subrule (2), the Taxing Master shall also tax the costs payable to that plaintiff in those proceedings and shall certify:
(a) the amount allowed on the taxation of the solicitor's bill to his own client;
(b) the amount allowed on the taxation of costs payable to that plaintiff in that proceeding;
(c) the amount (if any) by which the amount referred to in paragraph (a) exceeds the amount referred to in paragraph (b); and
(d) where necessary, the proportion of the amount of that excess payable by, or out of money belonging to, respectively, any claimant who is a person under a disability and any other party.
(4) Subrules (2) and (3) apply to and in relation to a proceeding in the Court of Appeal as if for a reference to the plaintiff there were substituted a reference to the party, whether appellant or respondent, who was the plaintiff in the proceeding which gave rise to the appeal proceeding.
(5) Nothing in this rule prejudices a solicitor's lien for costs.
(6) This rule also applies to and in relation to a counterclaim by or on behalf of a person under a disability as if for a reference to a plaintiff there were substituted a reference to a defendant.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.