Summary Chapter 24

CHAPTER 24 – LEGAL COSTS
Introduction
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