oa De Rebus - Dally for a day : Spatium deliberandi and the importance of timing : case note
In anticipation of trial, it is common practice for the defendant to place the plaintiff on risk by offering a tender in terms of r 34 of the Uniform Rules of Court. In considering an appropriate costs order, there are three salient factors that will guide the court in exercising its discretion:
- the timing of the tender;
- the time taken to consider and uplift or reject the tender (the spatium deliberandi); and
- the conduct of the parties in the interim.
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