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In force2020 Revised Edition
Contents

Part 9 · Recovery and Assessment of Costs

129. Interest on client’s money

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(1)

Rules made under section 72 are to make provision for requiring a solicitor, in such cases as may be prescribed by those rules, either —

(a)

to keep, on deposit in a separate account at a bank for the benefit of the client, money received for or on account of a client; or

(b)

to make good to the client out of the solicitor’s own money a sum equivalent to the interest which would have accrued if the money so received had been so kept on deposit.

(2)

The cases in which a solicitor may be required to act in accordance with any rules made under this section may be defined, among other things, by reference to the amount of any sum received or the period for which it is or is likely to be retained or both.

(3)

Those rules may include provision for enabling a client (without prejudice to any other remedy) to require that any question arising under those rules in relation to the client’s money be referred to and determined by the Society.

(4)

Subject to any rules made under this section, a solicitor is not liable by virtue of the relation between solicitor and client to account to any client for interest received by the solicitor on moneys deposited at a bank being moneys received or held for or on account of his or her clients generally.

(5)

Nothing in this section, or in any rules made thereunder —

(a)

affects any arrangement in writing, whenever made, between a solicitor and his or her client as to the application of the client’s money or interest thereon; or

(b)

applies to money received by a solicitor being money subject to a trust of which the solicitor is a trustee.

Report

Part 9A

Law Practice Entities

Part 10

Miscellaneous

Schedules