Civil Procedure
Legal Costs
In civil litigation, the losing party typically pays the winning party's legal costs (attorney-client or party-and-party scale). Costs can be a major deterrent to litigation.
Legal Definition
In South African civil litigation, costs generally follow the event — the unsuccessful party pays. Party-and-party costs (a partial contribution) are the default. Attorney-client costs (full actual fees) are awarded for vexatious conduct. Costs are taxed (assessed) by the taxing master.
📖 Constitutional / Statutory Basis: Section 34, Constitution of the Republic of South Africa, 1996; Uniform Rules of Court Rule 67
Practical Example
You win a R50 000 breach of contract claim. The court also awards costs. The defendant must pay not only R50 000 but also a contribution to your attorney's fees as party-and-party costs.
Frequently Asked Questions
What is the difference between party-and-party and attorney-client costs?
Party-and-party costs are a standard contribution — typically 60–80% of actual fees. Attorney-client costs are the full fee — usually awarded against parties who act in bad faith.
Can the court make no order as to costs?
Yes — especially in constitutional matters where public interest is involved. Courts sometimes make no cost order to encourage access to justice.
What is a costs de bonis propriis order?
An order that a party's legal representative personally pays costs — imposed for negligent or improper conduct by the attorney.
Related Terms
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