Legal expenses are a very important consideration when considering taking legal action or defending yourself against a lawsuit. The principle of South African law is that the successful party in a dispute should be entitled to recover its legal fees and expenses from the losing party. Therefore, the order of costs will generally enforce this principle.
Parties and party costs are generally fees and expenses necessary and reasonable (reasonable) incurred to obtain justice or defend the rights of either party.
Legal fees incurred as a result of negligence or error or contrary to the client's express instructions are not recoverable.
Attorney's and client's fee notices are recognized in South African law. The court wishes to ensure, as far as possible, that the successful party receives more full compensation in such a case than in the case of an order on party costs. Orders for attorneys' and clients' fees would normally be made in the following circumstances:
1. Serve as penalty output;
2. To ensure, as far as possible, that the winning party does not come out of pocket as a result of the losing party's conduct.
By ordering its own attorneys' and client's fees, the court expresses strong disapproval of the conduct of either party. It also serves as a reminder that the party benefiting from such an order should be more fully indemnified than an ordinary attorneys' fees order. Therefore,
is taxed on a more liberal basis. However, this does not mean that this bill can exceed the limits of what is reasonable.
The mandate between the attorney and his own client would be a good starting point to determine if the fees charged are reasonable.
A Cost Advisor is a lawyer who specializes in preparing, filing and contesting cost accounts before a Taxing Master. In lower courts, the court clerk deals with taxes. In the higher courts, taxation of expenses is task of the Taxing Master.
The Taxing Master derives its powers from Uniform Rule 70(1)(a). The Clerk of Court exercises this function.
By engaging a tax advisor, this is the case It is important to ensure that this person is in fact a solicitor and has the right to appear before the competent court/forum as a 'taxed' expense account may be deferred where this is not the case.