Clause 118

Where a solicitor has made an agreement with his client, in pursuance of the provisions of section 115 of this Act and anything has been done by such solicitor under the agreement, and, before the agreement has been completely performed by him, such solicitor dies or becomes incapable to act, an application may be made to the court by any party thereto or by the representatives of any such party, and the court shall thereupon have the same power to enforce or set aside such agreement, so far as the same may have been acted upon, as if such death or incapacity had not happened.

The court, even if it deems the agreement to be in all respects fair and reasonable, may order the amount due in respect of the business done thereunder of the agreement to be ascertained by taxation.

The Registrar in ascertaining such amount shall have regard, so far as may be, to the terms of the agreement.

Payment of the amount found to be due may be enforced in the same manner as if the agreement had been completely performed by the solicitor.