Trollip v Taxing Mistress of the High Court and Others (6091/2015)
Trollip v Taxing Mistress of the High Court and Others (6091/2015) [2018] ZAECGHC 59; 2018 (6) SA 292 (ECG) (31 July 2018)
The court found that the taxing mistress erred in reducing Mr Smuts SC's first day trial fee by half. There was no evidence that Mr Smuts performed other fee-generating appearance work on the day in question, and the inference drawn by the taxing mistress was based on an incorrect assumption regarding his presence at court. The court held that, in the absence of evidence to the contrary, advocates are presumed to act honestly and ethically, and are entitled to a full day trial fee when a matter is postponed or settled on the trial date. The guidelines relied upon by the taxing mistress were i…
Source excerpt
- Taxation Of Costs
- Counsel Fees
- Review Of Taxing Master
- Uniform Rules
- Indemnity Principle