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  • Article

    Ownership When Romantic Relationships Unravel

    Rei vindicatio is a remedy aimed at restoring physical control of property to the owner. The basis of such a remedy is ownership.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Pending Appeals Suspend The Execution Of Court Orders

    The Superior Courts Act, 2013 provides that an application for leave to appeal, or an appeal, suspends the operation and execution of a decision, pending the outcome of the application or appeal.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
Article

Protecting Your Rights And Interests When The Authorities Fail To Act

Jan-Harm Swanepoel recently represented the interests of a client and the firm in securing an order from the High Court for the imprisonment of a Respondent based on a Contempt of Court Order.
South AfricaLitigation, Mediation & Arbitration
Adams & Adams
Adams & Adams
  • Article

    Settling A Dispute In The Middle Of An Arbitration – How Is This Different From Other Procedures In Which Settlement Occurs?

    Entering into a settlement after arbitration proceedings have commenced is not such an uncommon occurrence anymore. When a settlement is reached, the arbitrator is requested to make an award by agreement.
    South AfricaLitigation, Mediation & Arbitration
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Show Me The Money

    An estimate of 720 unopposed Applications are enrolled on a weekly basis.
    South AfricaLitigation, Mediation & Arbitration
    SWVG Inc.
    SWVG Inc.
  • Article

    South African Gold Mining Class Actions Certified

    The High Court in Johannesburg has today certified a class action brought by mineworkers against gold mining companies in SA.
    South AfricaLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
  • Article

    The 180-Day Period In PAJA

    Litigants must generally challenge administrative action in court within 180 days after exhausting internal remedies. If no internal remedies exist, a litigant must file its papers in court within 180 days...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    The Case Of Missing Formalities – Why Youmessi Trading CC v Simphunzi Is Important

    In this case, the plaintiff and the defendant entered into a sales agreement to sell a tertiary institution, Hartwick Technical College (a "college").
    South AfricaLitigation, Mediation & Arbitration
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    What's In A Drop? The Case Of Cape Velvet And The Price Of Classification

    When is a drop of alcohol just a drop, and when does it carry weight in the eyes of the law? For Diageo, the makers of the famed Cape Velvet liqueurs, this was more than a rhetorical question...
    South AfricaLitigation, Mediation & Arbitration
    Fairbridges
    Fairbridges
  • Article

    SCA Ruling Raises Concerns For Life Rights Buyers In Retirement Housing

    In a significant recent judgment, the Supreme Court of Appeal (SCA) has cast doubt on the protections afforded to individuals...
    South AfricaReal Estate and Construction
    Barnard Inc.
    Barnard Inc.
  • Article

    SCA Decision In CSARS v Spur Group (Pty) Ltd

    Taxpayers who have made contributions to, in particular, share incentive trusts and claimed a deduction under section 11(a) of the Income Tax Act, 1962 ("the Act") on the basis that such payment was, inter alia, aimed at creating a "happy and contented" workforce.
    South AfricaTax
    ENS
    ENS
  • Article

    The Valuation Of A Usufruct For Tax Purposes

    The value of a usufruct (which is the right to use property and enjoy it's profits without directly owning it) is often needed to be calculated for purposes of taxes.
    South AfricaTax
    ENS
    ENS
  • Article

    Use It Or Lose It

    The Basic Conditions of Employment Act (BCEA) regulates annual leave in South Africa. The BCEA provisions for annual leave do not apply to employees who work fewer than 24 hours per month for an employer.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Dividends Tax: Most-Favoured Nation Clause In Double Tax Agreement

    On 12 June 2019, the Tax Court of South Africa delivered its judgment in ABC (Pty) Ltd v C:SARS (case no. 14287).
    South AfricaTax
    ENS
    ENS
  • Article

    Court Denies Father's Application For Children To Return To USA

    A father's application in the Johannesburg High Court for his children to return to the USA, was recently dismissed as the Judge ruled that it was in the children's best interests to reside...
    GlobalFamily and Matrimonial
    Barnard Inc.
    Barnard Inc.
  • Article

    Competing Interests Of Trade Competitors: A Delicate Balance

    Competition is the backbone to any thriving economy. It promotes innovation through new entrants, motivates better quality goods and services, and results in favourable price points for consumers.
    South AfricaAntitrust/Competition Law
    KISCH IP
    KISCH IP
  • Article

    Corporate Litigation And Security For Costs: Confusion Resolved

    Unlike its predecessors, the Companies Act 71 of 2008 does not contain a specific provision to the effect that whenever an incorporated company is plaintiff in litigation, any defendant can demand that that the plaintiff company put up security for costs (provided that there is reason to believe that the plaintiff company is unable to pay the defendant's costs, if successful).
    South AfricaCorporate/Commercial Law
    Clyde & Co
    Clyde & Co
  • Article

    Effects Of Reinstatement Of A Deregistered Company

    Since the promulgation of the Companies Act 2008 (the Act), there has been a lack of clarity regarding the effect of the reinstatement of a deregistered company in terms of the Act.
    South AfricaCorporate/Commercial Law
    Dentons
    Dentons
  • Article

    Matter Over Mind – The Advisability Of Concluding Agreements In Writing Re-emphasised

    In a recent ruling relating to the well-known "Please Call Me" (PCM) case, the Gauteng Provincial Division of the High Court, in Pretoria, has ordered the defendant to go back to the drawing board...
    South AfricaCorporate/Commercial Law
    Adams & Adams
    Adams & Adams
  • Article

    SCA Sets A Precedent In The Recovery Of Property Against A Company In Business Rescue

    A recent judgment by the Supreme Court of Appeal, Timasani (Pty) Ltd (in business rescue) and Another v Afrimat Iron Ore (Pty) Ltd [SCA case number 91/2020] has given some much needed guidance...
    South AfricaCorporate/Commercial Law
    Tabacks
    Tabacks
  • Showing 101–120 of 638 results

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