oa Comparative and International Law Journal of Southern Africa - Contingency fees: the British experience and lessons for South Africa

Volume 34, Issue 1
  • ISSN : 0010-4051



Conditional fees have become part of the legal scene in Britain. The Conditional Fee Agreements Order 1995 introduced conditional fee agreements despite hostility from the judiciary and a large part of the Bar. Some even feared that they 'might be more of a rip-off of clients than a way of improving access to justice'. In South Africa the Contingency Fees Act 1997 recently came into operation. It is suggested that now is an appropriate time to view developments in Britain and the experiences of British lawyers with conditional fees, as these afford many interesting insights which may prove useful in the South African context.

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