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124. “Prohibition to sue for costs until delivery of bill of costs

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(1)

Subject to this Act, no advocate and solicitor or limited liability law partnership shall, without the leave of the court, commence or maintain any action for the recovery of any costs due for any business done by the advocate and solicitor or limited liability law partnership, until the expiration of thirty days after the advocate and solicitor or limited liability law partnership has delivered the bill of costs to the party to be charged, by post or electronic means to, or left with him at, his office or place of business, his dwelling house or last known place of residence.

(2)

The bill of costs under subsection (1)—

(a)

shall be signed—

(i)

by the advocate and solicitor;

(ii)

in the case of a partnership or limited liability law partnership, by any of the partners, either with his own name or with the name or style of the partnership or the limited liability law partnership; or

(iii)

by another advocate and solicitor employed by the advocate and solicitor referred to in subparagraph (i) or the partnership or limited liability law partnership referred to in subparagraph (ii); or

(b)

shall be enclosed in or accompanied by, a letter signed by the person specified in paragraph (a), referring to the bill of costs.

(3)

Where a bill of costs has been delivered in accordance with subsection (1), the bill of costs shall be presumed to be a bill of costs bona fide complying with this Act until the contrary is proven.”.

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