Road Accident Fund v Z and Others (16319/2013)
Road Accident Fund v Z and Others (16319/2013) [2018] ZAGPJHC 26 (22 February 2018)
The court found that the applicant, through its attorney, made a deliberate concession on the merits at the Rule 37 pre-trial conference, which was accepted by the respondents and confirmed before the judge at the judicial pre-trial. This concession constituted a binding compromise agreement, not merely an admission, and the applicant is precluded from withdrawing from it without the respondents' consent. The applicant's attorney had the necessary authority to make the concession, and there was no evidence of error or lack of mandate. The respondents would suffer prejudice if the concession w…
Source excerpt
- Rule 37 Pre Trial Conference
- Admissions And Concessions
- Compromise Agreement
- Authority Of Attorney
- Road Accident Claims