News

%AM, %05 %534 %2018 %11:%Mar

Settlement of bills of costs subject to payment conditions - business policy

Please note that it is our policy that we do not enter into payment conditions of the amount negotiated of any bill of costs. Any signed allocatur is immediately executable - subject to the usual 10 day gentlemen's agreement to pay such costs. We will negotiate and calculate the end figure but any payment conditions you wish to add to the settlement will need to be done between the attorneys. Under no circumstances will we be part of such negotiations. It serves no purpose other than to open a door to possible complexities, whereas the bill is payable immediately after taxation in any event.

%PM, %07 %608 %2013 %13:%Jan

Cloud Partnerships and Subscribers

Our association with our Maltese Cloud partners - Matlo International Limited - has been running for many years and we have to date archived over 12,000 files to our own Cloud! We are "live" with our cloud and all our clients have electronic web access to their files of documents.

It is important to note that the scanning of an average size file is included in the 10.6% drafting fee. We are the only costs consultants who offer our clients a virtual office together with a highly professional legal costs service.

We currently have over 25,000 active subscribers to our website!

%PM, %28 %729 %2010 %16:%Jun

Breaking News

Breaking news: New Magistrate's Court and High Court tariffs!

The High Court and Magistrate's Court tariffs have been increased as from 16/07/2010. Kindly download same from our Court tariffs page.

%AM, %31 %406 %2010 %08:%May

The Taxing Master has to give effect to a Court Order or an Agreement

The Taxing Master has to give effect to an order of court or agreement between the parties and may not make such an order by proceeding with a taxation without a court order.

Hugo v Hugo 1947 (1) SA 325 (O) at 329 – An order for costs in a divorce action does not include the costs of the interlocutory applications, such as applications for maintenance pendente lite or an application for a contribution towards costs (unless of course the costs of the proceedings were made costs in the cause.

In the same sense, the court has to specifically order what is to happen to the wasted costs of a postponement.

The principle therefor is the court has to give the Taxing Master directions by way of a court order) as to what is to happen with the costs. The Taxing Master has no discretion in this regard.

%AM, %07 %365 %2010 %07:%May

Rule 70 Amendment - Notice to Tax a Bill of Costs - How it is applied in practice

The party presenting the bill of costs will serve the bill together with the Notice of Intention to Tax Bill of Costs on the other side who then has 10 days to inspect the file and 20 days in which to file their notice to oppose together with their clearly marked bill of costs with reasons clearly stated thereon. If no opposition is filed within the 20 days, the Taxing Master will still allocate a date for taxation but the opposing side will be shown the door at the taxation and it will be taxed unopposed.

%AM, %08 %500 %2009 %11:%May

VAT Explained on party and party costs

The issue of claiming VAT on fees and disbursements in your bill depends on the question whether you will be out of pocket or not.

The scenario is as follows:
A. You are a VAT vendor, you receive a tax invoice for R100-00 +VAT, you pay the VAT and claim it back, you are out of pocket with R100-00 – you claim the R100-00 in the bill, it is taxed and R100-00 is refunded to you (or a % thereof) – it is not income for which you have supplied goods or services, you have not issued a tax invoice so you do not have to declare it and pay any VAT on it to SARS. The unsuccessful litigant pays R100-00 in terms of the taxed bill - no claim for VAT against SARS. SARS received R14-00 from the supplier of goods or services and paid it back to you – not out of pocket.

B. You are not a VAT vendor, you receive a tax invoice for R100-00 +VAT, you pay the VAT but cannot claim it back, you are out of pocket with R114-00 – you claim the R100-00 + VAT in the bill, it is taxed and R100-00 + VAT is refunded to you (or a % thereof) – it is not income for which you have supplied goods or services, you have not issued a tax invoice so you do not have to declare it and pay any VAT on it to SARS, you receive no benefit, your out of pocket expenses (R100-00 + VAT ) or a portion thereof is merely refunded. The unsuccessful litigant pays R114-00 in terms of the taxed bill but has no claim for VAT against SARS, because there is no tax invoice, no goods sold or services rendered. SARS received R14-00 from the supplier or goods and/or services – not out of pocket.

%PM, %10 %755 %2009 %17:%Feb

VAT issue on party and party bills of costs.

REPORTED CASE EXPLAINING THE ISSUE OF VAT ON A PARTY AND PARTY BILL OF COSTS

%PM, %10 %601 %2009 %13:%Feb

The difference between party and party costs and attorney and client costs are becoming a problem.

PARTY AND PARTY COSTS

Party and Party costs are those costs recoverable from the other side provided there is a costs order or agreement to pay the costs. The following also constitutes only Party and Party costs and nothing more:

%PM, %04 %709 %2009 %16:%Jan

Party and party bill of costs.

In a party and party bill of costs no charge can be claimed for perusing 'heads of argument' prepared by counsel as an aid to argument, and delivered by him to his opponent through the latter's instructing attorneys.

%PM, %04 %698 %2009 %15:%Jan

The use of the tariff simply as a guide is restricted to non-litigious matters.

Regard being had to the Notes preceding the tariff contained in the First Schedule to Rule 24 of the Rules of Court for all Divisions promulgated by Government Notice 2835 on 12th December, 1952, the use of the tariff simply as a guide is restricted to non-litigious matters and does not confer a discretion on the taxing master to treat the tariff simply as a guide when taxing a party and party bill of costs.

%PM, %04 %658 %2009 %14:%Jan

Legal Costs Online (Pty) Ltd

Newsflash:

We employ a panel of admitted attorneys/counsel with the right of appearance in all forums in South Africa as well as 12 costs "draftsmen" and 3 ex-Taxing Masters of the High Court/Arbitration Forum.

We serve several large private companies, close corporations, as well as most of the leading attorney firms throughout South Africa.

Our firm has several excellent references of previous large legal costs instructions completed such as the costs involved in the Tollgate saga, Club Mykonos Langebaan Debenture Holders, multiple Metrorail matters, complex motor vehicle accident claims, intricate commercial contracts, complex maritime matters, medical negligence claims etc.

Rulings
Latest cost rulings

Case Law
Browse our extensive online case law

Services
Find Out more about us

Newsflashes
Our latest sound bytes

Testimonials
See what our clients say about us

Latest Articles

Settlement of bills of costs subject to payment conditions - business policy
Please note that it is our policy that we do not enter into payment conditions of the amount negotiated of any bill of costs. Any…

in Company News
Cloud Partnerships and Subscribers
Our association with our Maltese Cloud partners - Matlo International Limited - has been running for many years and we have to date archived over…

in Company News

Popular Case FIles

High Court Tariff 1 November 2017	20,505
in Court tariffs in South Africa
Rule 70 Amendment - 12 March 2010 v1	5,336
in Court tariffs in South Africa
2002 Magistrate's Court Tariff	4,465
in Court tariffs in South Africa
Amendmend to High Court telephone calls ...	2,483
in Court tariffs in South Africa
2009 Magistrate's Court Tariff	833
in Court tariffs in South Africa