Show simple item record

dc.date.accessioned 2017-04-08T17:15:50Z
dc.date.available 2017-04-08T17:15:50Z
dc.date.created 2012-09-20 en
dc.identifier.citation [2012] ZACC 17
dc.identifier.citation 2012 (11) BCLR 1143 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/3688
dc.title Camps Bay Ratepayers' and Residents' Association and Another v Harrison and Another en
dc.title.alternative CCT76/12 en
dc.identifier.casenumber CCT76/12 en
dc.contributor.judge The Court
dc.date.judgment 20 September 2012
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/3688/Full%20judgment%20Official%20version%20%28142%20Kb%29-19570.pdf?sequence=1&isAllowed=y
dc.concourt.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.
dc.concourt.casehistory Review of the taxation of counsel's fees in the CC judgment: 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).


Files in this item

This item appears in the following Collection(s)

Show simple item record

Search ConCourt Collections


Browse

My Account