Augustine Paul J:

The application before me brings into sharp focus the interpretation to be accorded to s. 121(1)(b) and s. 126(1) read with s. 128(1) of the Legal Profession Act 1976 ("the LPA") and the conflict, if any, between them as generated by the submission of both parties in this dispute. All references hereafter in this judgment to statutory provisions shall be to the LPA unless otherwise stated.

Before proceeding any further it is first necessary to consider the law enunciated in the sections that I have adverted to. I shall first read s. 121.

Section 12 1

(1) Where the remuneration of an advocate and solicitor in respect of contentious business done by him is not the subject of an agreement made pursuant to section 116, the solicitor's bill of costs may at the option of the advocate and solicitor either contain detailed items or be for a gross sum:

Provided that -

(a) at any time before service upon him of a writ or other originating process for the recovery of costs included in a gross sum bill and before the expiration of three months from the date of the delivery to him of the bill, the party chargeable therewith may require the advocate and solicitor to deliver to him in lieu of the cost a bill containing detailed items, and the gross sum bill shall thereupon be of no effect;

(b) where an action is commenced on a gross sum bill, the court shall, if so requested by the party chargeable therewith before the expiration of one month from the service on that party of the writ or other originating process, order that the bill shall be taxed;

(c) if a gross sum bill is referred to taxation, whether under this section or otherwise, nothing in this section shall prejudice any rules of court with respect to taxation and the advocate and solicitor shall furnish the taxing officer with the details of any of the costs covered by the bill as the taxing officer may require.

(2) Subsection (1) shall not apply to fees paid to an advocate and solicitor who is briefed as a senior counsel.

Under this section the solicitor has the option to deliver a gross sum bill in lieu of detailed items to his client in respect of contentious business done by him. If a gross sum bill is delivered the client has three months from the date of delivery of the bill in which to ask for a bill containing detailed items, unless process for payment has already been commenced. If the client asks for detailed items during the three months, the gross sum bill will be null and void, and the client will be entitled to have the detailed bill taxed. Should, however, the solicitor commence proceedings on a gross sum bill the client will be entitled to ask for taxation if he does so before the expiration of one month from the service on him of the writ or other originating process. If a gross sum bill is referred to taxation it will rest with the taxing officer to ask for such details of any of the costs covered by the bill as he may require during the course of the taxation.

I shall now read s. 126.

Section 126

(1) An order for the taxation of a bill of costs delivered by any advocate and solicitor may be obtained by a petition as a matter of course by the party chargeable therewith, or by any person liable to pay the cost either to the party chargeable or to the advocate and solicitor, at any time within six months from the delivery of the bill, or, by the advocate and solicitor after the expiration of one calendar month, and within a year from, the delivery.

(2) The order shall contain such directions and conditions as the court thinks proper, and any party aggrieved by any order of court may apply by summons in chambers that the same may be amended or varied or set aside.

(3) In any case where an advocate and solicitor and his client consent to taxation of a solicitor's bill the Registrar may proceed to tax the bill notwithstanding that there is no order therefor.

Under this section an order for the taxation of a bill of costs delive