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South Africa Case Law

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Civil Procedure [2023] ZASCA 50

Road Accident Fund v MKM obo KM and Another; Road Accident Fund v NM obo CM and Another (1102/2021)

Road Accident Fund v MKM obo KM and Another; Road Accident Fund v NM obo CM and Another (1102/2021) [2023] ZASCA 50; [2023] 2 All SA 613 (SCA); 2023 (4) SA 516 (SCA) (13 April 2023)

The Supreme Court of Appeal held that the Road Accident Fund is not obliged by statute to ensure that legal practitioners obtain judicial approval under section 4 of the Contingency Fees Act before entering into settlement agreements. The Contingency Fees Act governs the relationship between attorney and client, not between the Road Accident Fund and claimants. Non-compliance with section 4 renders the contingency fees agreement unenforceable as between attorney and client, but does not invalidate the underlying settlement agreement with the Road Accident Fund. The High Court erred in conflat…

  • Contingency Fees Act
  • Settlement Agreements
  • Judicial Approval
  • Minor Children Claims
  • Attorney Fees Taxation
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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.