Bills of costs drafted before your next meeting.

What is a bill of costs in South Africa?

A bill of costs is a formal, itemised account of legal costs incurred during litigation, prepared in accordance with the applicable tariff under the Uniform Rules of Court. It lists every chargeable item of work performed by the attorney and disbursements incurred, and is submitted to the Taxing Master of the relevant court for taxation (formal assessment). High Court bills of costs are governed by the Uniform Rules of Court and the applicable scale, party and party Scale A, B, or C, introduced by Rule 67A with effect from 12 April 2024.

What is the difference between party and party costs and attorney and client costs?

When a court orders one party to pay another's costs, there are two scales on which those costs may be awarded. The party and party scale is the ordinary scale: it covers only costs that were necessary and proper for the attainment of justice, and does not fully reimburse the successful party for every rand spent. The attorney and client scale is a punitive scale, the court's expression of displeasure at the losing party's conduct, which allows recovery of a fuller measure of costs, but is still taxed inter partes and remains subject to the test of reasonableness. A third scale, attorney and own client, is the widest of all but operates differently: it governs the contractual relationship between an attorney and their own client under the fee mandate signed between them, and is not a scale on which inter partes costs are awarded.

What happens at a taxation in South Africa?

A taxation is the formal assessment of a bill of costs before the Taxing Master at the relevant court. The presenting party submits the bill and supporting vouchers; the opposing party delivers a notice of objection and argues each disputed item before the Taxing Master. The Taxing Master applies the tariff and exercises discretion to allow, reduce, or disallow each item. The resulting allocatur is the enforceable costs figure.

What is Rule 67A and the new scale of costs for the High Court?

Rule 67A of the Uniform Rules of Court, introduced by Government Notice R4477 published on 8 March 2024 and effective 12 April 2024, governs the award of party and party costs in the High Court. The attorney tariff under Rule 70 continues to apply to attorney fees and is unchanged. What Rule 67A introduced, through the substitution of Rule 69, is a system of three scales that apply specifically to the fees of counsel (advocates) and attorneys with the right of appearance in the Superior Courts. The court must indicate in its costs order which scale applies: Scale A (maximum R375 per quarter hour), Scale B (R750 per quarter hour), or Scale C (R1 125 per quarter hour). If no scale is indicated, Scale A applies by default. The scales apply prospectively only, fees for work done before 12 April 2024 are assessed under the rules as they then stood.

Which courts and matters does Rand Taxing Consultants cover?

We prepare and oppose bills of costs across all South African court levels: the High Court (all divisions), Labour Court, Supreme Court of Appeal, Constitutional Court, Competition Tribunal, and Magistrates' Court. We also handle non litigious bills under Legal Practice Council guidelines, AFSA arbitration costs, and UK Detailed Assessment proceedings. We appear at taxations in Cape Town, Johannesburg, Pretoria, Durban, Port Elizabeth, Bloemfontein, and other centres.

How long does it take to prepare a bill of costs?

Using our proprietary AI assisted bill preparation technology, most bills are drafted and reviewed within a few business days of receiving the instruction and matter files. The draft is then reviewed and finalised by an experienced consultant before delivery. Complex High Court actions or multi party matters may require additional time. We provide a realistic turnaround estimate at the time of instruction.

Can Rand Taxing Consultants assist with opposing a bill of costs?

Yes. We provide a full bill opposition service: file inspection, preparation of notices of opposition, and detailed written objection points. We draw on an extensive objections library and in limine argument database built over 45 years of taxation experience, supplemented by AI assisted analysis of the opposing bill. We represent clients at taxations throughout South Africa.

Do you work with hard copy files or only electronic files?

Both. We are equally comfortable working with hard copy files and electronic files, and are happy to accommodate whichever format suits you or your practice. Many matters involve a combination of the two, and our process handles this without difficulty.