s 118 Enforcement of agreements
(1) No action or suit shall be brought or instituted upon any agreement as is referred to in section 116, but every question respecting the validity or effect of any such agreement may be examined and determined, and the agreement may be enforced, varied or set aside by suit or action by summons, motion or petition by any person or the representatives of any person being a party to such agreement, or being alleged to be liable to pay, or being or claiming to be entitled to be paid the costs, fees, charges or disbursements in respect of which the agreement is made, by the Court in which the business or any part thereof was done, or a Judge of the Court, or, if the business was not done in any Court, then by the High Court or a Judge of the High Court. (2) Upon any such summons, motion or petition, if it appears to the Court or a Judge that such agreement is in all respects fair and reasonable between the parties, the agreement may be enforced by the Court or a Judge by rule or order, in the manner and subject to the conditions, if any, as to the costs of the summons, motion or petition as the Court or the Judge thinks fair and reasonable. (3) If the substantive terms of any agreement are deemed by the Court or the Judge to be unfair or unreasonable, the agreement may be declared void, and the Court or Judge may thereupon order the agreement to be given up for cancellation, and may direct the cost, fees, charges and disbursements incurred or chargeable in respect of the matters included therein to be taxed, in the same manner and according to the same rules as if the agreement has not been made: Provided that the Court or Judge may amend or ratify the agreement where not all the substance of the agreement is unfair or unreasonable. (4) The Court or the Judge may also make such order as to the costs relating to the summons, motion or petition and the proceedings, thereon as to the Court on the Judge seems fair and reasonable. (5) When the amount agreed under such agreement has been paid by or on behalf of the client or by any person chargeable with or entitled to pay the same, any Court or a Judge having jurisdiction to examine and enforce the agreement may, on application by the person who has paid the amount within twelve months after payment and, if it appears to the Court or Judge that the special circumstances of the case require the agreement to be reopened, reopen the agreement and order the costs, fees, charges and disbursements to be taxed, and the whole or any portion of the amount received by the advocate and solicitor to be repaid by him, on such terms and conditions as to the Court or Judge seems fair and reasonable. (6) Where any agreement is made by the client in the capacity of guardian or of trustee under a deed or will, or of committee of any person whose estate or property will be chargeable with the amount payable under the agreement or with any part of the amount, the agreement shall before such payment be laid before the Registrar for his examination and the Registrar may disallow any part thereof, or may require the direction of the Court or a Judge to be taken thereon by summons, motion or petition. (7) If in any such case— (a) the client pays the whole or any part of the amount payable under the agreement without the previous approval of the Registrar or the Court or the Judge, he shall be liable at any time to account to the person whose estate or property is charged with the amount paid, or with any part thereof for the amount so charged; and (b) the advocate and solicitor accepts payment without such approval, any court which would have had jurisdiction to enforce the agreement may, if it thinks fair and reasonable, order him to refund the amount so received by him under the agreement or any part thereof.