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Summary Chapter 24
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Detailed summary of chapter 24 from the fundamental principles of civil procedure textbook
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CHAPTER 24 – LEGAL COSTSIntroduction
DEFINITION OF LEGAL COSTS:
Legal costs:
Are costs payable in respect of legal fees of a legal
practitioner who has acted on behalf of a party PLUS
expenses
Ie: fees + disbursements
Fees:
For professional services at an hourly rate
Disbursements:
For faxes, photocopies, sheriff stamps, phone calls,
travel etc
Legal practitioner fees:
Discussed and agreed to by attorney and client
Each party remains responsible to his own legal
representative regardless of winning or losing
Also responsible for advocates fees
Party usually asks for a cost order in prayers – which
he then pays to own attorney
Contingency Fees Act, 1997:
Legal fees are paid on a contingency basis
Ie: only pay fees if win
Legal practitioner can also then charge a higher
amount because of the risk
GENERAL RULES RELATING TO THE AWARD OF COSTS:
Court’s discretion:
Depends on the facts of each case
No guarantees
Generally – a successful party is entitled to costs:
Ie: costs follow the event
Court order will be for party-and-party costs
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