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South Africa decisions
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Hough and Bremner and Another v Road Accident Fund (1024/2022) [2023] ZASCA 179 (18 December 2023)
The Supreme Court of Appeal held that the fee agreement was not a contingency fee agreement and ordered that the settlement be made an order of court.
Majope and Others v The Road Accident Fund (663/2022) [2023] ZASCA 145 (8 November 2023)
The Supreme Court of Appeal held that the High Court materially misdirected itself by making orders that were not sought by any party and by including the attorney and client fee agreement in the court order. The fee agreement between the appellants and their attorney was not a contingency fee agreement and did not require judicial approval or oversight. The High Court's orders deprived the legal representatives of their right to claim fees and the plaintiffs of their right to recover costs from the Road Accident Fund, without affording them an opportunity to be heard. The appeal was upheld,…
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TH Restaurents (Pty) Limited v Picabiz 48 CC t/a Baby Cucina and Another (51502/2012) [2016] ZAGPPHC 521 (24 June 2016)
High Court review of a taxing master’s decision on whether a tacit attorney-client fee agreement existed and whether disputed cost items should follow the regulated tariff.
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