Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Allison v Road Accident Fund (2975/2021) [2022] ZAECMKHC 52 (23 August 2022)
The High Court declared a contingency fees agreement invalid because it did not set out the attorney’s normal fees as required by the Contingency Fees Act.
Masango and Another v Road Accident Fund and Others (2012/21359) [2016] ZAGPJHC 227; 2016 (6) SA 508 (GJ); 79 SATC 295 (31 August 2016)
The court held that the Contingency Fees Act does not permit an attorney to charge a percentage of the capital award as fees. The Act only allows a success fee that is an increase over the normal fee, capped at 100% of the normal fee and not exceeding 25% of the capital amount awarded. VAT is not recoverable above this cap; it is included in the fee unless the agreement specifies the components separately as required by the VAT Act. The agreement in question failed to comply with the Act both in its fee structure and in its form, lacking necessary details and definitions. The court declared t…
Source excerpt
Vries v Ali (3684/2012) [2013] ZAFSHC 38 (7 March 2013)
The court found that the respondent did not pay any money to Constancia Desemele for the operating licence and that the applicant had purchased the licence from her. The respondent's defence collapsed after his counsel conceded that he no longer relied on a sale agreement. The evidence, including confirmatory affidavits and the affidavit of Desemele, established that the applicant was entitled to the permit and its transfer into his name. The rental agreement was invalid under Section 77(1) of the National Land Transport Act, but the applicant's entitlement to specific performance was establi…
Source excerpt
Explore more
