appellate tribunal as agreed or , failing agreement, as appointed by the President of the Law Society should decide an appeal on an error of law. Relief to that effect granted. ORDER Declaring that a tacit term to the following effect is to be imputed in clause 2.9 of the parties’ settlement agreement. or in the of the court not having jurisdiction to hear such an appeal, ‘..... it would lie to an appeal panel comprising one or more advocates of at least 10 years standing as agreed upon by the parties or in the absence of agreement, by such a panel as appointed by the President of the Law Society.’ The first respondent is to pay the applicant’s costs of this application, to include the costs of one instructing and one instructed counsel. JUDGMENT SMUTS, J The applicant sustained injuries in a vehicle accident on 1 November 2000. In 2004, he instituted an action against the Motor Vehicle Accident Fund (“the Fund”), cited as the first respondent in this application. That action eventually settled and the settlement agreement was made an order of this court. In terms of the settlement, the Fund agreed to pay to the applicant certain amounts and gave an undertaking in respect of future medical costs. The respondents’ claim for future loss of earnings and loss of earning capacity
appellate tribunal as agreed or , failing agreement, as appointed by the President of the Law Society should decide an appeal on an error of law. Relief to that effect granted. ORDER Declaring that a tacit term to the following effect is to be imputed in clause 2.9 of the parties’ settlement agreement. ‘..... or in the of the court not having jurisdiction to hear such an appeal, it would lie to an appeal panel comprising one or more advocates of at least 10 years standing as agreed upon by the parties or in the absence of agreement, by such a panel as appointed by the President of the Law Society.’ The first respondent is to pay the applicant’s costs of this application, to include the costs of one instructing and one instructed counsel. JUDGMENT SMUTS, J The applicant sustained injuries in a vehicle accident on 1 November 2000. In 2004, he instituted an action against the Motor Vehicle Accident Fund (“the Fund”), cited as the first respondent in this application. That action eventually settled and the settlement agreement was made an order of this court. In terms of the settlement, the Fund agreed to pay to the applicant certain amounts and gave an undertaking in respect of future medical costs. The respondents’ claim for future loss of earnings and loss of earning capacity