South Africa Case Law

Majope and Others v The Road Accident Fund (663/2022)

Majope and Others v The Road Accident Fund (663/2022) [2023] ZASCA 145 (8 November 2023)

Court

Supreme Court of Appeal

Case number

663/2022

Judges

Zondi, Dambuza, Carelse, Molefe, Nhlangulela

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,…

Source excerpt

• Default Judgment
• Attorney Client Fee Agreement
• Contingency Fee Act
• Loss Of Earnings
• Costs Award

Nene v Road Accident Fund (2012/41577)

Nene v Road Accident Fund (2012/41577) [2022] ZAGPJHC 53 (12 January 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2012/41577

Judge

S E Weiner

The High Court criticised the plaintiff’s attorney for unexplained delays and an inflated amendment, and referred the conduct to the Legal Practice Council.

• Contingency Fee Act
• Professional Conduct Of Attorneys
• Amendment Of Claim
• Road Accident Fund Claims
• Road-accident-fund
• Contingency-fees-act