Legal Costs Consultants

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 you receive a cost order against you in court, the successful party will have to draw up a bill of cost on the applicable tariff.
• We draft substantial objections to each and every item which should not be allowed on the applicable tariff at a formal taxation.
• Having extensive knowledge and experience in the practice of the various court divisions, we provide our clients with substantive objections to obtain the best possible outcome and savings.

• 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.

• Every party has the right to oppose a bill of cost if same is not in line with the prescribed tariffs.
• We specialise in drafting formal objections to party and party-, attorney and client- and attorney and own client bills of cost.
• Having extensive experience in the local practices of our courts, we have tailor made solutions to obtain the best possible savings for our clients.
• Settlement is also pursued when we are opposing in order to save our client time and money.

• 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.