The Constitutional Court’s unanimous April 2025 judgment in Prithilal v Akani Egoli (Pty) Ltd and Another restates the narrow circumstances in which a court may depart from the ordinary party‑and‑party scale and award costs on the punitive attorney‑and‑client scale.  Ms Prithilal, although successful in joining Akani to her delictual action, had been ordered by the

This blog was co-authored by Thabo Kolele, Candidate Attorney.

Claimants in South Africa who wish to avoid protracted and costly disputes are increasingly resorting to making secret settlement offers of the amount that they will accept that are “without prejudice save as to costs”. Such so-called Calderbank offers were first recognised in the English case