The fee charged is 11% of the total fees of the bill as drawn, plus R4.00 per page for each copy of the bill.
Attending Taxations of bills of costs in the High, Magistrate’s and Labour Courts and all other forums (private, arbitrations and mediations) We are fully qualified and admitted legal practitioners with Right of Appearance in the High Court and we can appear independently at all court proceedings / taxations. Being able to draft the documents and to present same at taxation gives us a unique advantage, in the sense that we have an intimate knowledge of the matter. Bound by the Rules and Codes of the Legal Practice Council, our clients can be assured of professional and ethical service at all times. The fee charged for attending to the taxation of a bill is the fee allowed by the Taxing Master for such attendance, alternatively at an hourly rate of R1 000.00 per hour in instances where an attending fee is not recoverable.
It is a reality that not all cases are won and in such instances the unsuccessful party will most likely be faced with a legal bill of cost aimed at indemnifying the successful party for costs incurred in litigation. Of course the unsuccessful party has the right to scrutinise and object to any charge appearing in such a bill of cost. As opposing a bill of cost can be even more complicated in law than presenting a bill of cost. The services we provide in this regard is just as valuable to the unsuccessful party for the attainment of justice.
Drafting of Party-Party Bills of Cost o Party and party costs are legal costs that a court may order the losing party to pay to the successful party in a court case. The courts have rules which prescribes very specific tariffs and the bill of cost has to be drafted in accordance with these tariffs. The Magistrate’s- and High Courts have different tariffs and the Magistrate’s Court tariffs are significantly lower than that of the High Court. Party and party bills will also not include all of your costs which you had to pay your own attorney. For instance, they don’t necessarily include charges for the correspondence between you and your attorney.
Attorney and client costs will include party and party costs and it will include those charges for attendances between you and your attorney. This normally takes place where a Court believes that a party’s conduct in the course of the litigation has been such that a punitive costs order is warranted. o These costs are subject to the same court tariffs as party and party costs. Attorney and “own” client costs These are the actual fees payable by a client to his attorney, in terms of their fee agreement / mandate. The hourly rate can then be included in the bill of cost, but these costs are not usually awarded by the Courts.
When presenting a bill of cost to the losing party and before a date for formal taxation is set, the parties are free to settle the matter. We always make bona fide (“good faith”) attempts to settle our client’s bills with the opposition and in the process mitigate the risks of proceeding to formal taxation. This process also saves our clients’ money and time. Once a matter is settled, we can approach the relevant taxing master to have the allocator (a page where the total amount due is stipulated) stamped. In party and party matters this has the same effect as a court order.
Our services also include the analysing of any bill of cost in the normal course. We scrutinise all expense items / disbursements, for example counsel’s fees, sheriff’s charges, expert witnesses and many more. Opinions on fees charged. Proposals to increase fees and to improve profitability in your practice.