Section 197: Subrogation
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
197. Subrogation
(1) Where the attorney who has the carriage of the proceedings has not
observed the formalities or periods specified in sections 168 to 200, he shall
be deprived of the further carriage of the proceedings.
(2) The Master shall, on the ex parte application of an interested party,
make an order replacing the attorney with another one.
(3) The order shall be entered on the memorandum of proceedings and
shall be final and irrevocable.
(4) The defaulting attorney shall—
(a) forthwith hand over to the attorney replacing him, after written
acknowledgement, all documents in his possession relating to
the proceedings; and
(b) not be entitled to claim payment of his costs after the final closure of the ordre.
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Questions this section answers
- What happens to the attorney handling a case if they miss the deadlines set for the proceedings?
- Can a removed attorney still claim payment of their fees after the ordre is finally closed?