Legal Practice Act, 2014 (Act No. 28 of 2014)Chapter 6 : Legal Practitioners' Fidelity FundPart 3 : Claims against Fund79. Actions against Fund |
| (1) | The Fund is not obliged to pay any portion of a claim which could reasonably be recovered from any other person liable. |
| (2) | The Fund may pay all reasonable expenses and legal costs incurred by a claimant in exhausting his or her rights of action against another person. |
| (3) | The Fund may, in its discretion, before deciding whether to make full payment of a claim or any part of it, make an interim payment to the claimant of a portion of the amount for which his or her claim has been admitted. |
| (4) | Any action against the Fund in respect of loss suffered by any person as a result of theft committed by a legal practitioner referred to in section 84(1), candidate attorney or employee of any such legal practitioner or juristic entity, must be instituted within one year of the date of a notification directed to that person or his or her legal representative by the Fund, informing him or her that the Fund rejects the claim to which the action relates. |
| (5) | In any action against the Fund all defences which would have been available to the person against whom the claim arose, are available to the Fund. |
| (6) | Any action against the Fund may, subject to the provisions of this Act, be brought in any court having jurisdiction in respect of the claim. |