Synopsis:
Review of taxation of counsel’s fees in Camps Bay Ratepayers’ and Residents’ Association and Another v Harrison and Another [2010] ZACC 19; 2011 (4) SA 42 (CC); 2011 (2) BCLR 121 (CC). The Court reiterated the principles guiding the review of a taxation in the Constitutional Court. These emphasise that a successful party gets costs as an indemnification for its expense in having been forced to litigate, and that a moderating balance must be struck to afford the innocent party adequate indemnification within reasonable bounds. The Court affirmed the principle that previous litigation history is significant and where counsel had already traversed the main issues before previous courts, counsel’s fees should be adjusted down accordingly. Here, counsel had, for the most part, already thoroughly ventilated the main issues in three previous courts. The Court accordingly found that the amount awarded by the Taxing Master could not be considered fair and reasonable. The Taxing Master’s allocatur was therefore set aside and counsel’s fees allowed reduced by onequarter. Judgment of the Court.
