Taxation of Costs in the Higher and Lower Courts: A Practical Guide

This title is a practical guide to the taxation of costs. It provides guidance on how to deal with a Bill of Costs in practice. Although the main focus is on Taxations in the High Court and Magistrates Court, it also considers costs in courts such as the Labour Courts; Competition Court and the National Credit Regulator.

All Litigation involves Costs. The reasonableness of the fees charged by an attorney to a client or charged by the attorney of the successful party to the unsuccessful party to the litigation, needs to be assessed and determined. This assessment happens at a Taxation of Costs which is presided over by a Taxing Master. The parties who appear before the Taxing Master need to be able to justify the reasonableness of the cost being claimed using tariffs and case law and the issue is then decided by the Taxing Master.

In the past 10 years there have been several important developments in the law having direct bearing on the taxation of costs (for example contingency fees and attorneys obtaining right of appearance in high courts).

Taxation of Costs in the Higher and Lower Courts: A Practical Guide offers Taxing Masters an easily accessible and practical resource to use during taxations to better exercise their discretion and to avoid the parties having to take the taxation on review.

The title includes a brief comparative on countries such as the USA and the EU and their approach to the Taxation of Costs. The footnotes contain references to case law which are useful at taxations.

The book covers amongst others:

  • General Principles to Determine Costs
  • Costs in the Various Courts: Constitutional Court; Supreme Court of Appeal; High Court; Magistrate’s Court; Labour Court; Land Claims Court; Equality Court; Competition Court; Electoral Court; The National Credit Regulator
  • Attorneys’ Duties
  • Notice of Taxation
  • Who can appear at taxation
  • Party and Party Costs
  • Punitive Costs Orders
  • Costs payable by one’s own client
  • Contingency Fee Arrangements
  • Costs of the Day and Costs Generally
  • Costs Immediately Taxable and Payable
  • Trial Actions
  • Attorneys’ Fees and Counsels’ Fees
  • Merits and Quantum Separated
  • Witnesses
  • Expert Witnesses
  • Leave to Appeal
  • Review of Taxation

The authors are Albert Kruger who is a Judge of the High Court. He is the author of among other titles: Hiemstra’s Criminal Procedure, and Organised Crime and Proceeds of Crime Law in South Africa. He has dealt with reviews of taxation of costs at both the Magistrate’s and High Court level.

Wilma Mostert is the co-author of the book and has considerable experience of the taxation of bills of costs, having served as a High Court Registrar for 9 years.