DP obo LD v Road Accident Fund (15/29274) [2019] ZAGPJHC 334 (6 September 2019)

DP obo LD v Road Accident Fund (15/29274) [2019] ZAGPJHC 334 (6 September 2019)

The court accepted the consensus of the experts that the appropriate post-morbid contingency deduction is 35% and that L's educational ceiling is NQF4, resulting in a future loss of earnings award of R2,267,371.50. The court found R400,000 to be a fair and reasonable amount for general damages, given the mild traumatic brain injury sustained. The contingency fee agreement between the plaintiff and her attorneys was found to be invalid as it did not comply with the requirements of the Contingency Fees Act, specifically by allowing normal fees plus a success fee, which is not permitted. The attorney is only entitled to recover fees taxed or assessed on an attorney and own client basis, not...

Citation
[2019] ZAGPJHC 334
Parties
Plaintiff: D P obo D L; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
6 September 2019
Case Number
15/29274
Procedural Posture
Civil Trial / Quantum Determination
Outcome
Plaintiff's claim for future loss of earnings and general damages is upheld; the contingency fee agreement is declared invalid.
Judges
I. Miltz
Legal Topics
Road Accident Fund Act, Contingency Fee Agreements, Future Loss of Earnings, General Damages, Expert Evidence
Civil Procedure Delict Road Accident Fund Act Contingency Fee Agreements Future Loss of Earnings General Damages Expert Evidence

Case Brief

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Parties

D P obo D L

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination

Legal Issues

  1. 1 What is the appropriate quantum for future loss of earnings for the plaintiff?
  2. 2 What is the reasonable amount for general damages in light of the injuries sustained?
  3. 3 Is the contingency fee agreement between the plaintiff and her attorneys valid under the Contingency Fees Act?

Ratio Decidendi

The court accepted the consensus of the experts that the appropriate post-morbid contingency deduction is 35% and that L's educational ceiling is NQF4, resulting in a future loss of earnings award of R2,267,371.50. The court found R400,000 to be a fair and reasonable amount for general damages, given the mild traumatic brain injury sustained. The contingency fee agreement between the plaintiff and her attorneys was found to be invalid as it did not comply with the requirements of the Contingency Fees Act, specifically by allowing normal fees plus a success fee, which is not permitted. The attorney is only entitled to recover fees taxed or assessed on an attorney and own client basis, not...

Court Disposition

Plaintiff's claim for future loss of earnings and general damages is upheld; the contingency fee agreement is declared invalid.

Orders

  • The defendant shall pay the plaintiff the sum of R2,667,371.50.
  • The amount is to be paid into the trust bank account of the plaintiff's attorneys, Renè Fouche Inc.