Oosthuizen and Another v Rene Fouche Incorporated and Others (022383/2022)
Oosthuizen and Another v Rene Fouche Incorporated and Others (022383/2022) [2024] ZAGPJHC 683 (26 July 2024)
The court found that the contingency fee agreement concluded by the attorneys was invalid and unenforceable due to non-compliance with the Contingency Fees Act, both procedurally and substantively. The agreement was concluded too late, at a stage when litigation risk was minimal, and the attorneys failed to present the agreement and required affidavits to the court as mandated by section 4 of the Act. The attorneys overreached by applying a 100% success fee mark-up to fees incurred before the agreement and after the litigation risk had dissipated, including charging for work done by a differe…
Source excerpt
- Contingency Fee Agreements
- Fiduciary Duty
- Overreaching
- Locus Standi
- Waiver Of Child Rights
- Attorney And Own Client Costs