oa De Rebus - Common law contingency fee agreements matter resolved : editor's note
The much contested issue of common law contingency fee agreements was resolved by the recent Constitutional Court (CC) judgment in De la Guerre v Ronald Bobroff & Partners Inc and Others (CC) (unreported case no CCT 122/13 , CCT 123/13, 20-2-2014) (Moseneke ACJ, Skweyiya ADCJ, Cameron J, Dambuza AJ, Froneman J, Jafta J, Madlanga J, Van der Westhuizen J and Zondo J) and The South African Association of Personal Injury Lawyers v The Minister of Justice and Constitutional Development (The Road Accident Fund Intervening  2 All SA 96 (GNP). Both these cases dealt with the issue of the constitutionality of the Contingency Fees Act 66 of 1997 (the Act). In the cases, the issue debated was whether it was justifiable for legal practitioners to charge contingency fees outside of the 25% the Act provides for.
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