South Africa Case Law

Bekker v De Agrela and Others (A5096/2019; 42125/2018)

Bekker v De Agrela and Others (A5096/2019; 42125/2018) [2022] ZAGPJHC 939 (25 November 2022)

Court

South Gauteng High Court, Johannesburg

Case number

A5096/2019; 42125/2018

Judge

Van der Berg AJ

The court found that the arrangement between counsel and the respondents was not a contingency fee agreement as contemplated by the Contingency Fees Act, but rather an arrangement falling under section 92 of the Legal Practice Act. Under section 92, counsel's entitlement to fees is triggered only if costs are recovered from the opposing party, and the client is never liable for counsel's fees. The arrangement did not require compliance with the statutory formalities of the Contingency Fees Act. The applicant, as a third party, lacked standing to challenge the validity of the fee arrangement,…

Source excerpt

• Contingency Fees Act
• Legal Practice Act
• Costs Taxation
• Indemnification Principle
• Bar Rules
• Fee Agreements

R H Christie Incorporated v Taxing Master - Supreme Court of Appeal (1086/2018)

R H Christie Incorporated v Taxing Master - Supreme Court of Appeal (1086/2018) [2021] ZASCA 152 (27 October 2021)

Court

Supreme Court of Appeal

Case number

1086/2018

Judge

NAVSA

The Supreme Court of Appeal partially upheld a review of taxation, allowing only certain disputed cost items and otherwise confirming the taxing master’s reductions.

• Review Of Taxation
• Attorney And Own Client Costs
• Overreaching
• Condonation Application
• Disbursements
• Fee Agreements

Adlam and Another v Blacke Swart & Associate (17303)

Adlam and Another v Blacke Swart & Associate (17303) [2010] ZAGPPHC 124 (28 September 2010)

Court

North Gauteng High Court, Pretoria

Case number

17303

Judge

A P Ledwaba

The court dismissed a claim that an attorney had to account for alleged cash and asset payments said to be legal fees, finding the plaintiffs had not proved their version.

• Attorney Client Accounting
• Fee Agreements
• Burden Of Proof
• Trust Money Management
• Attorney-client-accounting
• Fee-agreements