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South Africa Case Law

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Civil Procedure [2023] ZAGPPHC 456

Letsoale v Road Accident Fund

Letsoale v Road Accident Fund [2023] ZAGPPHC 456; 2023 (6) SA 533 (GP) (12 June 2023)

The court held that contingency fee agreements are only valid where a genuine risk or contingency exists and the practitioner has properly assessed the prospects of success. In three of the four matters, the agreements were entered into when success was virtually guaranteed or no proper assessment of risk was undertaken, rendering those agreements invalid under the Contingency Fees Act. Only in the Letsoale matter was there sufficient contingency to justify the agreement. The court further found that attempts by practitioners to include specific items in costs orders to fetter the Taxing Mast…

  • Contingency Fees Act
  • Road Accident Fund
  • Costs Taxation
  • Party And Party Costs
  • Invalid Contingency Fee Agreement
  • Default Judgment
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Civil Procedure [2023] ZAECMKHC 56

Dyongo v Road Accident Fund (2465/2021)

Dyongo v Road Accident Fund (2465/2021) [2023] ZAECMKHC 56 (4 May 2023)

The court found that the contingency fee agreements in both matters failed to comply with the mandatory requirements of the Contingency Fees Act 66 of 1997. Specifically, the agreements were not entered into with the legal practitioner as required, but rather with the law firms as juristic persons. Furthermore, the agreements were not in the prescribed form and lacked proper judicial oversight prior to acceptance of settlement offers, as required by section 4 of the Act. The statutory provisions are peremptory, and any non-compliance renders the agreements invalid and unenforceable. Consequen…

  • Contingency Fees Act
  • Invalid Contingency Fee Agreement
  • Attorney Client Fees
  • Judicial Oversight Of Settlement
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.