Clause 117

No action or suit shall be brought or instituted upon any such agreement as is referred to in section 116 of this Act, but every question respecting the validity or effect of any such agreement may be examined and determined, and the agreement may be enforced or set aside without suit or action or summons, motion or petition of any person or the representatives of any person a party to such 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 High Court or a judge thereof.

Upon any such summons, motion or petition as aforesaid, if it appears to the court or judge that such agreement is in all respects fair and reasonable between the parties, the same may be enforced by such court or judge by rule or order, in such manner and subject to such conditions, if any, as to the costs of such summons, motion or petition as such court or judge thinks fit.

If the terms of such agreement are deemed by the court or judge to be unfair or unreasonable, the same may be declared void, and the court or judge may thereupon order such 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 taxed, in the same manner and according to the same rules as if such agreement had not been made.

The court or judge may also make such order as to the costs of and relating to such summons, motion or petition and the proceedings thereon as to the said court or judge seems fit.

When the amount agreed for under any 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 judge having jurisdiction to examine and enforce such an agreement may, on application by the person who has paid such amount within twelve months after payment thereof, if it appears to such court or judge that the special circumstances of the case require the agreement to be re-opened, re-open the same, and order the costs, fees, charges and disbursements to be taxed, and the whole or any portion of the amount received by the solicitor to be repaid by him, on such terms and conditions as to the court or judge seems just.

Where any such 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 or persons whose estate or property will be chargeable with the amount payable under such agreement or with any part of such amount, the agreement shall before payment be laid before the Registrar, who shall examine the same and disallow any part thereof, or may require the direction of the court or a judge to be taken thereon by summons, motion or petition.

If in any such case —