s 113 Enforcement of agreements
113.—(1) No action or suit may be brought or instituted upon any such agreement as is mentioned in section 111. (2) Every question respecting the validity or effect of the agreement may be examined and determined, and the agreement may be enforced or set aside without suit or action on the application by originating application of any person or the representatives of any person, party to the agreement, or being or 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 thereof, or, if the business was not done in any court, then by the General Division of the High Court.[40/2019] [Act 25 of 2021 wef 01/04/2022] (3) Upon any such application, if it appears to the court or Judge that the agreement is in all respects fair and reasonable between the parties, it may be enforced by the court or Judge by rule or order, in such manner and subject to such conditions (if any) as to the costs of the application as the court or Judge thinks fit. (4) If the terms of the agreement are deemed by the court or Judge to be unfair or unreasonable, the agreement may be declared void. (5) The court or Judge may thereupon order the agreement to be given up to be cancelled, and may direct the costs, fees, charges and disbursements incurred or chargeable in respect of the matters included therein to be assessed, in the same manner and according to the same rules as if the agreement had not been made.[Act 25 of 2021 wef 01/04/2022] (6) The court or Judge may also make such order as to the costs of and relating to the application and the proceedings thereon as the court or Judge thinks fit. (7) On the application (within 12 months after the amount agreed under the agreement has been paid by or on behalf of the client or by any person chargeable with or entitled to pay it) of the person who has paid the amount, any court or Judge having jurisdiction to examine and enforce the agreement may, if it appears to the court or Judge that the special circumstances of the case require it —(a) reopen the agreement; (b) order the costs, fees, charges and disbursements to be assessed; and[Act 25 of 2021 wef 01/04/2022] (c) order the whole or any portion of the amount received by the solicitor or law corporation or limited liability law partnership to be repaid by the solicitor, law corporation or limited liability law partnership, on such terms and conditions as to the court or Judge seem just. (8) Where any such agreement is made by the client in the capacity of trustee under a deed or will, or of guardian or donee or deputy (as defined in section 2(1) of the Mental Capacity Act 2008) of a person who lacks capacity, and the estate or the property of the beneficiary or person will be chargeable with the amount payable under the agreement or with any part of that amount, the agreement must before payment be laid before the Registrar, who is to examine it and disallow any part thereof, or may require the direction of the court or a Judge to be taken thereon.[Act 8 of 2022 wef 04/05/2022] (9) If in any such case the client pays the whole or any part of the amount payable under the agreement without the previous allowance of the Registrar or court or Judge as aforesaid, the client is 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. (10) The solicitor or law corporation or limited liability law partnership who accepts the payment may be ordered by any court which would have had jurisdiction to enforce the agreement, if it thinks fit, to refund the amount received by him or her or the law corporation or limited liability law partnership.