letter to client to letter to Tracing of report’ – ‘Draw report’ – ‘Draw Agents’ – ‘Copy Return of letter to client with copy and letter to Non Service’ – ‘Draw report’ – ‘Draw client to letter to Tracing Agents tracing letter to Tracing report’ –‘Draw report’ – ‘Draw Agents to letter to client to consultation with client enquire’ – ‘Draw report’ – ‘Telephone for client and deputy letter to client re: Defendant’s whereabouts’ –‘Copy Sheriff’ – ‘Draw to for letter to client to for report’ – ‘Copy client’ – ‘Draw report’ – ‘Copy client’ – ‘draw letter to client with Notice and attend on Registrar to letter to client inspect file’ – ‘Draw to of signed report to report’ – ‘Copy keep’. [80] The taxing master held that these costs are attorney/own client costs. [81] The applicant raised an objection that it does not fall under such costs. The applicant submitted that the taxing master was wrong because the legal practitioner is entitled to keep the client informed of the progress in his case by way of letters and/or telephone calls and also to receive and peruse letters and any other document from the client with direct reference to this matter. The applicant further submitted that a legal practitioner carries a responsibility throughout the litigation process to keep his client posted on all matters concerning the case. The legal practitioner is therefore entitled to report to the client and this cannot be regarded as pre-litigation costs or attorney/client costs. [82] For purposes of determining this issue it may be helpful to again recall what attorney and client costs are: The distinction is usefully set out in Jones & Buckle: costs are those which the attorney is entitled to recover from his client in respect ‘These of disbursements made on behalf of the client, and for professional services rendered by him to his client. They are payable by the client whatever the outcome of the case and do not depend upon any award of costs by the court. the wide sense it includes all the costs an attorney is ‘In entitled to recover against his client on taxation of his bill of costs, but in the narrow and more technical sense the term is applied to those costs, charges and expenses as between attorney and client which ordinarily the client cannot recover from the other party. In Hawkins v Gelb the court described attorney and client costs in the wider sense as including those costs in ‘all
report’ – ‘Draw letter to client to report’ – ‘Draw letter to Tracing Agents’ – ‘Copy of Return of Non Service’ – ‘Draw letter to client with copy and report’ – ‘Draw letter to client to report’ –‘Draw letter to Tracing Agents tracing report’ – ‘Draw letter to Tracing Agents to enquire’ – ‘Draw letter to client to report’ – ‘Telephone consultation with client re: Defendant’s whereabouts’ –‘Copy for client and deputy Sheriff’ – ‘Draw letter to client to report’ – ‘Copy for client’ – ‘Draw letter to client to report’ – ‘Copy for client’ – ‘draw letter to client with Notice and attend on Registrar to inspect file’ – ‘Draw letter to client to report’ – ‘Copy of signed report to keep’. [80] The taxing master held that these costs are attorney/own client costs. [81] The applicant raised an objection that it does not fall under such costs. The applicant submitted that the taxing master was wrong because the legal practitioner is entitled to keep the client informed of the progress in his case by way of letters and/or telephone calls and also to receive and peruse letters and any other document from the client with direct reference to this matter. The applicant further submitted that a legal practitioner carries a responsibility throughout the litigation process to keep his client posted on all matters concerning the case. The legal practitioner is therefore entitled to report to the client and this cannot be regarded as pre-litigation costs or attorney/client costs. [82] For purposes of determining this issue it may be helpful to again recall what attorney and client costs are: The distinction is usefully set out in Jones & Buckle: ‘These costs are those which the attorney is entitled to recover from his client in respect of disbursements made on behalf of the client, and for professional services rendered by him to his client. They are payable by the client whatever the outcome of the case and do not depend upon any award of costs by the court. ‘In the wide sense it includes all the costs an attorney is entitled to recover against his client on taxation of his bill of costs, but in the narrow and more technical sense the term is applied to those costs, charges and expenses as between attorney and client which ordinarily the client cannot recover from the other party. In Hawkins v Gelb the court described attorney and client costs in the wider sense as including ‘all those costs in
Hollard%20Insurance%20Company%20of%20Namibia%20Ltd%20v%20Neyschen%20%20(I%20147-2010)[2013]NAHCMD%20325%20(12%20November%202013).docx