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26.2
The Working Party's view
Solicitor and own client taxations are presently governed by O 62 r 29 which
materially states as follows :-
"(1)
On the taxation of a solicitor's bill to his own client (except a bill to be paid out ......
pursuant to section 27 of the Legal Aid Ordinance (Cap 91), or a bill with respect to
non-contentious business) all costs shall be allowed except in so far as they are of an
unreasonable amount or have been unreasonably incurred.
(2)
For the purposes of paragraph (1), all costs incurred with the express or implied
approval of the client shall, subject to paragraph (3), be conclusively presumed to
have been reasonably incurred and, where the amount thereof has been expressly or
impliedly approved by the client, to have been reasonable in amount.
(3)
For the purposes of paragraph (1), any costs which in the circumstances of the case
are of an unusual nature and such that they would not be allowed on a taxation of
costs in a case to which rule 28(2) applies, shall, unless the solicitor expressly
informed his client before they were incurred that they might not be so allowed, be
presumed, until the contrary is shown, to have been unreasonably incurred ......"
By O 62 r 1, "costs" are defined to include "fees, charges, disbursements, expenses
and remuneration" and so would include, for instance, fees to be paid by the solicitor
to the barrister.
Order 62 r 28(2), which is referred to in O 62 r 29(3) above provides as follows :-
"Subject to the following provisions of this rule, costs to which this rule applies shall be
taxed on the party and party basis, and on a taxation on that basis there shall be allowed all
such costs as were necessary or proper for the attainment of justice or for enforcing or
defending the rights of the party whose costs are being taxed."
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