oa Comparative and International Law Journal of Southern Africa - Contingency fees: the British experience and lessons for South Africa
|Article Title||Contingency fees: the British experience and lessons for South Africa|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 Department of Criminal and Procedural Law, UNISA|
|Publication Date||Mar 2001|
|Keyword(s)||American contingency fee system, Britain, Civil justice system, Conditional fees, Contingency Fees Act, Contingent fees, Litigation costs and South Africa|
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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