In the case of Strydom and Another v Coomans and
Others, the North West Division of the High Court ruled
against attorneys billing clients for frivolous and thoughtless
litigation. The court emphasised that such a practice would
constitute an injustice committed by an attorney against their own
client for the attorney's personal financial gain and a waste
of the judiciary's invaluable time and its limited
resources.
Background
On 16 November 2023, the court handed down a written judgment
and on 14 December 2023, the applicant's attorney requested
reasons as to why the court refused to grant leave to appeal in the
aforesaid judgment.
The critical question before the court was whether an attorney
could invoice their client for the costs associated with the
drafting and filing of a court's reasoning for its judgment and
any further legal steps thereafter if such reasons were already
being elaborated upon by the court.
