Law Practitioners Act 1982

  • repealed
  • Law Practitioners Act 1982: repealed, on 1 August 2008, by section 349 of the Lawyers and Conveyancers Act 2006 (2006 No 1).

General Provisions

86 Expenses of Council or District Council in investigating or conducting affairs of solicitor
  • (1) The reasonable expenses of the Council or any District Council acting in the exercise of any of the powers conferred by this part of this Act in respect of any solicitor shall be recoverable from him as a debt.

    (2) Subject to this section, the Council or District Council may apply any money belonging to the solicitor or to which he may be entitled, being money that comes into the possession of the Council or District Council, in or towards satisfaction of those reasonable expenses; but nothing in this subsection shall affect any other remedy available to any such Council.

    (3) No such money shall be so applied until a notice giving particulars of the expenses claimed has been served on the solicitor or his personal representatives.

    (4) Any such notice may be served personally on the solicitor or any such representative, or may be forwarded to him by registered letter addressed to his last known place of business or residence.

    (5) Within 14 days after any such notice has been so served or posted, the solicitor or his personal representatives may apply to the Court for a review of the expenses claimed; and on hearing any such application the Court may make such order as it thinks fit.

    (6) In this section the term reasonable expenses, in relation to the exercise of any power, includes not only out-of-pocket expenses but also a reasonable sum in respect of salaries of staff and overhead expenses incurred by the Council or the District Council, as the case may be, and properly attributable to the exercise of the power.

    Compare: 1955 No 101 s 97B; 1962 No 121 s 5