Chapter 6: Legal Costs

Vocabulary flashcards covering key legal cost terms and concepts from Chapter 6 notes.

Costs de bonis propriis

Personal costs ordered against an attorney or fiduciary, payable from their own pocket, as a mark of the court’s displeasure, on a party-and-party or attorney-and-client basis.

Party and party costs

Litigation expenses the losing side is ordered to pay that are necessary or proper for obtaining justice, as determined by the Taxing Master.

Attorney and client costs

Costs an attorney may recover from the client for disbursements and professional services, payable by the client regardless of any court award.

Attorney and own client costs

Remuneration an attorney earns under a fee agreement or mandate, e.g., a pre-agreed hourly rate outside the tariff.

Costs immediately payable and taxable

Magistrates’ Court wording in interlocutory cost orders that allows the bill to be taxed and recovered before finalisation of the main action.

No order as to costs (High Court)

Each litigant bears their own costs when the High Court makes no costs order.

No order as to costs (Magistrates’ Court)

Means ‘costs in the action’; liability will follow the result of the main case.

Wasted costs

Expenses rendered useless—commonly after a postponement—such as subpoenas, trial date applications, or counsel’s preparation; the claiming party must prove what was wasted.

Reserved costs

A costs order that postpones the decision on liability; cannot be taxed until unreserved by further court ruling or party agreement.

Costs in the cause

A form of costs order where liability follows the ultimate outcome; the winning party eventually recovers those costs.

Acting pro amico

An attorney acts for a friend/relative without charging fees, though disbursements may be recovered; genuine friendship must exist to avoid touting.

Acting pro bono

Professional legal work performed voluntarily and without payment for the public good, assisting those unable to afford services.

Taxation (of costs)

The formal quantification of litigation costs before a court official; determines the amount recoverable from the losing party.

Costs consultant

An attorney specialising in legal costs who prepares the itemised bill of costs for taxation.

Bill of costs

An itemised statement of all fees and disbursements incurred in a matter, drafted for taxation.

Interlocutory application

A procedural application made during the course of litigation; related costs may be the subject of special cost orders.

Onus in wasted costs

The burden on the party presenting the bill to prove which items were actually wasted; doubt favours the party being taxed.

Taxing Master

Court official who assesses bills of costs, deciding which items are necessary or proper for party-and-party recovery.