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…
Source excerpt
- Contingency Fees Act
- Road Accident Fund
- Costs Taxation
- Party And Party Costs
- Invalid Contingency Fee Agreement
- Default Judgment