Revised Laws of Saint Lucia (2021)

51.   No action on bills of costs without taxation

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    (1)   Subject to this section an attorney-at-law shall not commence any suit for the recovery from his or her client of the amount of any bill of costs for any legal business done by him or her unless the bill of costs is taxed and a copy thereof so taxed is served on the client with a demand in writing for payment 15 days before the filing of the suit.

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    (2)   The High Court may on the application of an attorney-at-law authorise him or her to commence or proceed with a suit for the recovery of any costs before the expiration of 15 days from the delivery of the copy of the bill of costs required by subsection (1) if it is satisfied that there is reasonable cause for believing that the person chargeable with the costs is about—

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      (a)     to leave Saint Lucia;

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      (b)     to become bankrupt; or

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      (c)     to do any other act which would tend to prevent or delay the attorney-at-law from obtaining payment.

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    (3)   If in any proceedings before a court—

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      (a)     the amount set out in a bill of costs is—

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        (i)     sought to be recovered, or

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        (ii)     disputed; and

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      (b)     the bill or part thereof relates to matters in respect of which no scale of fees is prescribed,

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    the court shall decide whether the fees set out in respect of those matters are fair and reasonable having regard to the work done or are excessive and may allow or reduce them accordingly.

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    (4)   It shall not be necessary in the first instance for an attorney-at-law in proving compliance with this section to prove the contents of the bill served, and it shall be sufficient to prove that the bill—

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      (a)     signed by the attorney-at-law or, in the case of a partnership, by any one of the partners either in his or her own name or in the name of the partnership; or

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      (b)     being enclosed in or accompanied by a letter signed in the manner specified in paragraph (a) referring to the bill,

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    was duly served.