s 115F Change of solicitor, foreign lawyer or law practice entity after conditional fee agreement
115F.—(1) If, after a conditional fee agreement has been entered into, the client changes the solicitor, foreign lawyer or law practice entity acting for the client before the conclusion of the prescribed proceedings to which the agreement relates (which the client may do despite the agreement), an application may be made to the court by any party thereto or by the representatives of that party. (2) The court has, upon the application under subsection (1), the same power to enforce or set aside the agreement, so far as it may have been acted upon, as if the change of solicitor, foreign lawyer or law practice entity had not occurred and in exercising such power the court must have regard to the terms of the conditional fee agreement and in particular to any term in the agreement relating to the consequences of a change in or the death or incapacity of the solicitor or foreign lawyer or of the winding up or dissolution of the law practice entity, as the case may be. (3) The court may, even if it thinks the conditional fee agreement would have been enforceable under section 115D(4) if an application had been made under section 115D(2), order the amount due in respect of anything done to be ascertained by assessment. (4) The Registrar, in ascertaining by assessment the amount due in respect of the proceedings conducted or work done, must have regard to —(a) the circumstances under which the change mentioned in subsection (1) took place; and (b) the terms of the conditional fee agreement and in particular any term in the agreement relating to the consequences of a change in or the death or incapacity of the solicitor or foreign lawyer or of the winding up or dissolution of the law practice entity, as the case may be. (5) Upon an assessment mentioned in subsection (4), the solicitor, foreign lawyer or law practice entity is not entitled to the full amount of the remuneration or costs agreed to be paid unless it appears that there has been no default, negligence, improper delay or other conduct on the part of the solicitor, foreign lawyer or law practice entity affording reasonable ground to the client for the change of solicitor, foreign lawyer or law practice entity, as the case may be. (6) Payment of the amount found to be due may be enforced in the same manner as if the conditional fee agreement had been completely performed by the solicitor, foreign lawyer or law practice entity, as the case may be.[Act 8 of 2022 wef 04/05/2022]