oa De Rebus - Dally for a day : Spatium deliberandi and the importance of timing : case note
|Article Title||Dally for a day : Spatium deliberandi and the importance of timing : case note|
|© Publisher:||Law Society of South Africa|
|Author||Emma Powell and Merlita Kennedy|
|Publication Date||Apr 2015|
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.
Article metrics loading...