Interpretation and application of this Part
Open ↗116.—(1) In this Part —“court” means the General Division of the High Court, a Family Court, a District Court or a Magistrate’s Court, and includes the Registrar;
“Registrar” means the Registrar of the Supreme Court, the registrar of the Family Justice Courts or the registrar of the State Courts, and includes —(a)
the Deputy Registrar or an Assistant Registrar of the Supreme Court;
(b)
the deputy registrar or an assistant registrar of the Family Justice Courts; and
(c)
a deputy registrar of the State Courts;
“solicitor” includes the executors, administrators and assignees of the solicitor in question and a law corporation or a limited liability law partnership.[5/2014; 27/2014; 40/2019]
(2) This Part applies —(a)
to all remuneration and costs received by a Singapore law practice or a solicitor practising in a Singapore law practice, including any such remuneration or costs received in respect of the practice of foreign law; and
(b)
with the necessary modifications, to all remuneration and costs received in respect of the practice of Singapore law by —(i)
a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice;
(ii)
a foreign lawyer registered under section 36B; or
(iii)
a solicitor registered under section 36E.[40/2014]
Charging orders
Open ↗117.—(1) Any court in which a solicitor has been employed to prosecute or defend any suit, matter or proceeding may —(a)
at any time declare the solicitor entitled to a charge on the property recovered or preserved through his or her instrumentality for his or her assessed costs in reference to that suit, matter or proceeding; and[Act 25 of 2021 wef 01/04/2022]
(b)
make such orders for the assessment of the costs and for paying, or raising money to pay, the costs out of that property as it thinks fit.[Act 25 of 2021 wef 01/04/2022]
(2) All conveyances and acts done to defeat, or operating to defeat, the charge mentioned in subsection (1)(a) are, except in the case of a conveyance to a bona fide purchaser for value without notice, void as against the solicitor.
(3) An order must not be made under subsection (1) if the right to recover the costs is barred by the Limitation Act 1959.
Solicitor not to commence action for fees until one month after delivery of bills
Open ↗118.—(1) Subject to the provisions of this Act, a solicitor must not, except by permission of the court, commence or maintain any action for the recovery of any costs due for any business done by him or her until the expiry of one month after he or she has delivered to the party to be charged therewith, or sent by post to, or left with the party at the party’s office or place of business, dwelling house or last known place of residence, a bill of those costs.[Act 25 of 2021 wef 01/04/2022]
(2) The bill mentioned in subsection (1) must —(a)
be signed —(i)
by the solicitor;
(ii)
in the case of a partnership, by one of the partners, either in his or her own name or in the name or style of the partnership, or by a solicitor employed by that solicitor or partnership;
(iii)
in the case of a law corporation, by a director of, or by a solicitor employed by, that law corporation; or
(iv)
in the case of a limited liability law partnership, by one of the partners of, or by a solicitor employed by, that limited liability law partnership; or
(b)
be enclosed in or accompanied by a letter, signed in the like manner, referring to the bill.
(3) Where a bill is proved to have been delivered in compliance with subsection (1), it is not necessary in the first instance for the solicitor to prove the contents of the bill and it is presumed until the contrary is shown to be a bill bona fide complying with this Act.
Court may authorise action for recovery of fees before expiry of one month after delivery of bills
Open ↗119. The court may authorise a solicitor to commence an action for the recovery of his or her costs and also refer his or her bill of costs for assessment by the Registrar, although one month has not expired from the delivery of the bill, upon proof to its satisfaction that any party chargeable therewith is about to quit Singapore, or to have a receiving order made against the party, or to compound with the party’s creditors or to take any other steps or do any other act which in its opinion would tend to defeat or delay the solicitor in obtaining payment.[Act 25 of 2021 wef 01/04/2022]
Order for assessment of delivered bill of costs
Open ↗120.—(1) An order for the assessment of a bill of costs delivered by any solicitor may be obtained on an application made by originating application or, where there is a pending action, by summons by the party chargeable therewith, or by any person liable to pay the bill either to the party chargeable or to the solicitor, at any time within 12 months from the delivery of the bill, or, by the solicitor, after the expiry of one calendar month and within 12 months from the delivery of the bill.[Act 25 of 2021 wef 01/04/2022]
(2) The order is to contain such directions and conditions as the court thinks proper, and any party aggrieved by any such order may apply by summons that the order be amended or varied.
(3) In any case where a solicitor and his or her client consent to assessment of a solicitor’s bill, the Registrar may proceed to assess the bill even though there is no order therefor.[Act 25 of 2021 wef 01/04/2022]
(4) Section 39 of the State Courts Act 1970 does not apply to proceedings brought under this section.[5/2014]
[Act 25 of 2021 wef 01/04/2022]
Costs of order for assessment
Open ↗121.—(1) The costs of obtaining an order for assessment of costs, including the application under section 120(1), order and service of order, but not including any court fees payable thereon or disbursements, if the order is obtained by the solicitor of the applicant, or by the solicitor, are, subject to subsection (2), the sum of $25 or such other sum as may be prescribed.[Act 25 of 2021 wef 01/04/2022]
(2) If one of the parties holds out and does not agree to assessment, the costs of obtaining an order of court are the sum of $150 or such other sum as may be prescribed.[Act 25 of 2021 wef 01/04/2022]
Time limit for assessment of bills of costs
Open ↗122. After the expiry of 12 months from the delivery of a bill of costs, or after payment of the bill, no order is to be made for assessment of a solicitor’s bill of costs, except upon notice to the solicitor and under special circumstances to be proved to the satisfaction of the court.[Act 25 of 2021 wef 01/04/2022]
Applications for assessment to contain submission to pay
Open ↗123. All applications made under section 120(1) by a party chargeable with or liable for a bill of costs must, unless the bill has already been paid, contain a submission by that party to pay the amount thereof to the solicitor when assessed.[Act 25 of 2021 wef 01/04/2022]
Order for delivery of bill of costs to be obtained as of course
Open ↗124.—(1) An order for the delivery of a solicitor’s bill of costs, and for delivery of any deeds, documents or other papers in the possession of the solicitor, subject to any lien which the solicitor may have, and for the assessment of the bill when delivered, may be obtained on an application made under section 120(1).[Act 25 of 2021 wef 01/04/2022]
(2) Upon the application being filed, the Registrar is to mark the order thereon immediately, and draw up the order if necessary.
Solicitor to deliver copy of bill of costs
Open ↗125. When an application is made by a party other than the party chargeable, the court may order the solicitor to deliver to the party making the application a copy of the bill of costs, upon payment of the costs of making the copy.
Preparation of bills of costs as between solicitor and client
Open ↗126. Bills of costs for assessment as between solicitor and client must be drawn in the manner provided by the Rules of Court, and the assessment is governed by those Rules.[22/2018]
[Act 25 of 2021 wef 01/04/2022]
Interest in respect of disbursements and advances
Open ↗127. The Registrar may allow interest, at such rate and from such time as the Registrar thinks just, on moneys disbursed by a solicitor for his or her client, and on moneys of the client in the hands of the solicitor and improperly retained by him or her.
How costs of assessment to be borne
Open ↗128.—(1) In case any order for assessment is made upon the application of the party chargeable or liable, or of the solicitor, the costs of the order and assessment, except when the order has been made after the expiry of 12 months, must be paid according to the event of the assessment —(a)
if the bill when assessed is less by a sixth part than the bill delivered, then the solicitor must pay the costs; or[Act 25 of 2021 wef 01/04/2022]
(b)
if the bill when assessed is not less by a sixth part, then the party chargeable or liable, if the application is made by the party, or if the party attends the assessment, must pay the costs.[Act 25 of 2021 wef 01/04/2022]
(2) Every order for such a reference must direct the Registrar to assess the costs of the reference, and to certify what, upon the reference, is found to be due to or from the solicitor in respect of the bill, and of the costs of the reference, if payable.[Act 25 of 2021 wef 01/04/2022]
(3) The Registrar may certify specially any circumstances relating to the bill or assessment.[Act 25 of 2021 wef 01/04/2022]
(4) The court may thereupon make any such order as it thinks right, respecting the payment of the costs of the assessment.[Act 25 of 2021 wef 01/04/2022]
(5) Where such a reference is made, when it is not authorised except under special circumstances, the court may give any special directions relative to the costs of the reference.[Act 25 of 2021 wef 01/04/2022]
Interest on client’s money
Open ↗129.—(1) Rules made under section 72 are to make provision for requiring a solicitor, in such cases as may be prescribed by those rules, either —(a)
to keep, on deposit in a separate account at a bank for the benefit of the client, money received for or on account of a client; or
(b)
to make good to the client out of the solicitor’s own money a sum equivalent to the interest which would have accrued if the money so received had been so kept on deposit.
(2) The cases in which a solicitor may be required to act in accordance with any rules made under this section may be defined, among other things, by reference to the amount of any sum received or the period for which it is or is likely to be retained or both.
(3) Those rules may include provision for enabling a client (without prejudice to any other remedy) to require that any question arising under those rules in relation to the client’s money be referred to and determined by the Society.
(4) Subject to any rules made under this section, a solicitor is not liable by virtue of the relation between solicitor and client to account to any client for interest received by the solicitor on moneys deposited at a bank being moneys received or held for or on account of his or her clients generally.
(5) Nothing in this section, or in any rules made thereunder —(a)
affects any arrangement in writing, whenever made, between a solicitor and his or her client as to the application of the client’s money or interest thereon; or
(b)
applies to money received by a solicitor being money subject to a trust of which the solicitor is a trustee.
Costs of Government
Open ↗130.—(1) Nothing in this Act affects the right, which is hereby declared, of the Government when represented by any of such persons as are mentioned in section 29(2)(a) to recover costs awarded to it in, or respecting, any cause or matter.
(2) In any such cause or matter, the costs of the Government are to be assessed in accordance with any rules for the time being in force for the assessment of the fees and costs of advocates and solicitors as if an advocate and solicitor who is not in the service of the Government had appeared on behalf of the Government.[Act 25 of 2021 wef 01/04/2022]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
