Denby v Ekurhuleni Metropolitan Municipality (27338/2017)
Denby v Ekurhuleni Metropolitan Municipality (27338/2017) [2020] ZAGPJHC 213; 2021 (1) SA 190 (GJ) (9 September 2020)
The court held that, in the absence of express instructions to the contrary, legal representatives have authority to make admissions, concessions, and even settle matters during pre-trial proceedings, particularly under Rule 37. The defendant's legal representatives, acting in good faith and having constructively engaged with the plaintiff's representatives, reached agreement on the quantification of damages and jointly sought an order. The absence of express authorisation from the defendant did not preclude the court from granting the order, as the representatives' actions were within the sc…
Source excerpt
- Authority Of Legal Representatives
- Settlement Agreements
- Rule 37 Conferences
- Municipal Liability
- Quantification Of Damages