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Covid 19 – Level 4 Measures

Following the announcement on 25 April to advance the countrywide lockdown from level 5 to level 4 as from 1 May, a fair number of business sectors will now be able to resume certain activities, but conditionally. Most of the lockdown conditions will remain in place and social distancing and related safety protocols will remain […]

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Two Sets of Attorneys

An attorney whom the client approaches preliminary is known as the instructing attorney. An attorney who continues the work at the instructing attorney’s instance is referred to as the correspondent (or attorney at the seat of the court) Where a litigant resides away from the place where legal proceedings are instituted, he is entitled to […]

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Attorney’s Liability For Counsel’s Charges

The practice of an Advocate accepting instructions from an attorney on behalf of a client has been preserved by the Courts and in the interest of the public. See: De Freitas & Another v Society of Advocates of Natal 2001(3) SA 750 (SCA) Advocates are not legislated to have trust accounts that can make the […]

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The costs of indulgence by a party

It inevitably happens often in an action that a party may need to seek indulgence and due to various reasons. As happens often, especially in RAF claims, after the opinions of experts have been obtained, an amendment to the claim becomes necessary. The opposite, though rarely, also happens where a party at a later stage […]

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Pre-Litigation Costs

Pre – litigation costs are in principle incidental to the proceedings and, depending on the circumstances, may be justifiably claimed in a party and party bill of cost. Parties to litigation face the quandary of assessing the merits, quantum and costs of their cases in advance. Appropriate assessment of these may lead to necessary activities […]

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Legal costs in insolvencies

The question that always arises in Insolvencies is : What scale to be applied. Is it Party and Party or Attorney and Client? It has been held that the Party and Party basis is wholly inappropriate as a basis upon which to tax the costs of an Insolvency and that the proper basis is an […]

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