s 18 Prohibition of solicitation in respect of claims
18.—(1) A person must not, directly or indirectly, solicit instructions or authority to act on behalf of any other person in respect of the making or commencement of any claim or action for damages for the death of or bodily injury to any person arising out of the use of a motor vehicle or in respect of the negotiation, compromise or settlement of that claim or action. (2) A person, other than a public officer or an advocate and solicitor properly acting in the course of his or her profession, must not, directly or indirectly, for personal gain make or commence or cause to be made or commenced on behalf of any other person any claim or action for damages for the death of or bodily injury to any person arising out of the use of a motor vehicle or negotiate, settle or compromise that claim or action when made or commenced. (3) Despite the provisions of any other written law, a public officer or an advocate and solicitor, acting in respect of the matters referred to in subsection (2), must not receive or accept any payment of money for so acting other than —(a) the costs that are agreed between him or her and the Public Trustee; (b) assessed costs, in default of such agreement with the Public Trustee; or[Act 25 of 2021 wef 01/04/2022] (c) the costs that the Public Trustee may determine to be the costs of the public officer or advocate and solicitor, if the public officer or advocate and solicitor fails to begin proceedings for assessment of costs within 3 months after the relevant date unless before that time the public officer or the advocate and solicitor has agreed with the Public Trustee on costs.[Act 25 of 2021 wef 01/04/2022] (4) For the purpose of subsection (3)(a), an application to the Public Trustee by a public officer or an advocate and solicitor for an agreement on costs must be made in the manner, and together with the documents and information, that the Public Trustee may require.[22/2013] (5) Subsection (3) does not apply to a public officer or an advocate and solicitor claiming costs in respect of a judgment or settlement for a sum (excluding any amount payable in respect of costs and interest) not exceeding the relevant amount.[22/2013] (6) In subsection (3)(c), “relevant date” means —(a) in relation to a settlement agreement mentioned in section 6(1) —(i) in the case where the quantum of the compensation payable under the settlement agreement requires the approval of the Public Trustee or the court under section 6(3)(a), the date of the approval; and (ii) in any other case, the date of the settlement agreement; and (b) in relation to a judgment mentioned in section 9(1), the date the judgment is given.[22/2013] (7) Any person who contravenes this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both. (8) Any agreement to pay any money other than the costs referred to in subsection (3)(a), (b) or (c) to any person for work done or to be done or services rendered or to be rendered in respect of the matters referred to in subsection (1) or (2) is void. (9) Any money paid under subsection (8), is recoverable by action brought in a court by the person who has paid it. (10) Where it is shown that any money other than costs referred to in subsection (3)(a), (b) or (c) has been paid to any clerk employed by an advocate and solicitor for work done or to be done or services rendered or to be rendered in respect of the matters referred to in subsection (1) or (2), it is presumed in, and for the purposes of, any action against the advocate and solicitor that the money was received by the clerk on behalf of the advocate and solicitor and the money is recoverable from the advocate and solicitor.