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I would just like to know that if a judgment handed down in the Western Cape High Court recently stated that my client is to pay the costs of the applicant and the costs of only one counsel (two were used by the applicant), does that mean the costs are payable on a party and party scale and how do we know which counsel we must pay for? A Senior and a Junior were used by our opponent. It does not state in the judgment on which scale my client is to pay. (ie party and party OR attorney client)

~ Karen Towsey, Western Cape It is important to remember always that, if the Court orders “COSTS” to be paid and does not specifically state that such costs are recoverable on a basis as between “ATTORNEY AND CLIENT”, then “COSTS” shall at all times mean “PARTY AND PART” cost. This is also applicable in the Lower Court. Also,(and very important to remember always) in the event of a Party utilising the services of more than one Counsel, only the costs of ONE Counsel may be recovered UNLESS THE COURT ORDERS OTHERWISE (See Rule 69) It is the practice countrywide that in such an instance the costs of the more Senior Counsel should be allowed.