Article 2 InterpretationI1
England and Wales
In this Order—
“client” means the client of a solicitor;
“costs” means the amount charged in a solicitor’s bill, exclusive of disbursements and value added tax, in respect of non-contentious business;
“entitled person” means a client or an entitled third party;
“entitled third party” means a residuary beneficiary absolutely and immediately (and not contingently) entitled to an inheritance, where a solicitor has charged the estate for his professional costs for acting in the administration of the estate and the only personal representatives are—
- (a)
solicitors (whether or not acting in a professional capacity);
- (b)
solicitors acting jointly with partners, managers or employees in a professional capacity;
- (c)
employees of a solicitor sole practitioner acting in that capacity; or
- (d)
managers or employees of a recognised body F1or a licensed body acting in that capacity;
- (a)
F2“licensed body” means a body which holds a licence issued by the Law Society which is in force under Part 5 of the Legal Services Act 2007;
“manager” has the same meaning as in the Legal Services Act 2007f1 (see section 207 of that Act);
F3“ombudsman” has the same meaning as in the Legal Services Act 2007 (see section 122(5) of that Act);
“paid disbursements” means disbursements already paid by the solicitor;
“recognised body” means a body recognised by the Law Society under section 9 of the Administration of Justice Act 1985f2;
“registered European lawyer” means a registered European lawyer within the meaning of the European Communities (Lawyer’s Practice) Regulations 2000f3 F4, as those Regulations have effect by virtue of regulation 6 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020, who is registered with the Law Society;
“residuary beneficiary” includes a person entitled to all or part of the residue of an intestate estate; and
“solicitor” includes a registered European lawyer F5, a recognised body and a licensed body.
Annotations
Textual amendments
- F1
Words in art. 2 inserted (20.2.2012) by The Solicitors’ (Non-Contentious Business) Remuneration (Amendment) Order 2012 (S.I. 2012/171), arts. 1(2), 2(1)(a)
- F2
Words in art. 2 inserted (20.2.2012) by The Solicitors’ (Non-Contentious Business) Remuneration (Amendment) Order 2012 (S.I. 2012/171), arts. 1(2), 2(1)(b)
- F3
Words in art. 2 inserted (6.10.2020) by The Solicitors’ (Non-Contentious Business) Remuneration (Amendment) Order 2010 (S.I. 2010/2262), arts. 1(2), 2(2); S.I. 2010/2089, art. 2(a)
- F4
Words in art. 2 inserted (31.12.2020) by The Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020 (S.I. 2020/1342), reg. 1(1), Sch. para. 17 (with Sch. para. 13)
- F5
Words in art. 2 substituted (20.2.2012) by The Solicitors’ (Non-Contentious Business) Remuneration (Amendment) Order 2012 (S.I. 2012/171), arts. 1(2), 2(1)(c)
Commencement
- I1
Art. 2 in force at 11.8.2009, see art. 1(2)
Footnotes
- f1
- f2
-
1985 c. 61, as amended by the Legal Services Act 2007 (c. 29), section 177 and paragraph 81 of Schedule 16.
- f3