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  • Article

    Culpability For Stadium Disasters In South Africa

    On 11 April 2001, spectators poured into the iconic Ellis Park Stadium in Johannesburg for the world famous Soweto derby football match between Kaizer Chiefs and Orlando Pirates.
    South AfricaLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
  • Article

    Curator Bonis vs Curator Ad Litem

    Under South African law, certain factors affect a person's capacity to act on his/her behalf and manage his/her affairs. For example, factors such as age in the case of minors or mental illness...
    South AfricaLitigation, Mediation & Arbitration
    SchoemanLaw Inc.
    SchoemanLaw Inc.
Article

Deputy Judge President's Warnings Regarding Urgent Applications

Mr Justice Sutherland, the Deputy Judge President ("DJP") of the Gauteng Local Division of the High Court of South Africa, has in a notice dated 4 October 2021, urged all legal practitioners to be more disciplined...
South AfricaLitigation, Mediation & Arbitration
ENS
ENS
  • Article

    Dismissal For Want Of Prosecution In South African Law: A Strategic Imperative For Defendants

    A Johannesburg High Court recently dismissed a plaintiff's insurance claim after more than thirteen years of inordinate delay and failure to prosecute.
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
    Adams & Adams
  • Article

    Don't Just ‘Shake On It'

    It is not uncommon for the contracting parties to a written agreement to verbally agree on additional terms or terms which are intended to vary the content of the written agreement.
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
    Adams & Adams
  • Article

    Force Majeure In Instances Of Drought

    This is an attempt by parties to cater to instances where the breach of a contract. i.e. non-performance, is caused by circumstances beyond the control of the parties.
    South AfricaLitigation, Mediation & Arbitration
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Is South Africa Seeing The End Of Virtual Hearings?

    The move to a virtual courtroom was often seen as beneficial to clients, as it contributed to cost savings.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Litigation: How Laws Of Evidence Can Decide The Outcome Of The Case?

    Within the legal profession, it is ordinarily said that "if the facts are unfavorable to you, argue the law and, if the law is unfavorable to you, argue the facts."
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
    Adams & Adams
  • Article

    Principles Relating To Condonation For The Failure To Comply With Court Rules Or Directives

    The Johannesburg High Court recently delivered a judgment in an application for leave to appeal by the State Attorney against Viwe Notshe SC ("Mr Notshe") and the Solicitor-General of South Africa ("Solicitor-General").
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Restrains Of Trade: Confidentiality And The Protectable Interest – Key Ingredients To Effective Enforcement

    Restraints of trade have become an almost automatic inclusion in many agreements. The driver behind this is the protection of commercially sensitive and confidential information.
    South AfricaLitigation, Mediation & Arbitration
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Service Of A Letter Of Demand, Does It Interrupt Prescription?

    Prescription of a debt can be described as "old debt" in which creditors may not institute legal proceedings to collect monies owed to them,
    South AfricaLitigation, Mediation & Arbitration
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Take Heed Of Your Bank's Requests

    The Supreme Court of Appeal ("SCA") recently handed down judgment in Tshaka NO and others v The Standard Bank of South Africa Limited and another in which it reminded account holders to take heed...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    The Authority Of Bar Councils To Apply For Striking Off Of Advocates From The Roll

    The Legal Practice Act 28 of 2014 ("the LPA") came into effect on 1 November 2018 and the Legal Practice Council ("the LPC") issued an advisory note to all advocates on 18 April 2019 related to transitional arrangements.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    The Road Accident Fund Act: Who Is Entitled To A Claim And What Can Be Claimed?

    We have, over the years, become so accustomed to reading, hearing or even witnessing the firsthand aftermath of horrific motor vehicle accidents on South African roads, ...
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
    Adams & Adams
  • Article

    To Substitute, Or Not To Substitute: When Will The Court Grant A Substitution Order?

    The South African courts have seen a rise in litigation dealing with substitution orders, within the area of public procurement law, since the seminal Constitutional Court judgement of Trencon
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
    Adams & Adams
  • Article

    When Tweets Turn Toxic: Steps To Protect Your Company's Reputation After An Employee's Exit

    Experience shows that the moment disciplinary action looms, some employees abandon the real dispute and head straight for their keyboards, hoping a social-media storm will drown out the facts.
    South AfricaLitigation, Mediation & Arbitration
    Barnard Inc.
    Barnard Inc.
  • Article

    Copyright Infringement In Cinematographic Films – Tellytrack Versus Marshalls World Of Sport (Pty) Ltd

    On 25 November 2019, the Supreme Court of Appeal delivered an interesting decision dealing with copyright infringement in cinematographic films.
    South AfricaMedia, Telecoms, IT, Entertainment
    Adams & Adams
    Adams & Adams
  • Article

    Apple V FBI

    On December 2, 2015, 14 people were killed and 22 others seriously injured in what, President of the United States, Barack Obama, has deemed a terrorist attack in California.
    South AfricaPrivacy
    Phukubje Pierce Masithela Attorneys
    Phukubje Pierce Masithela Attorneys
  • Article

    Deviation Due To Changed Circumstances When Exercising A Real Right Of Extension

    The deviation from the section 25(2)(a) and (b) plans when exercising a real right of extension has been a matter that has been deliberated on at length by our Courts and Registrars of Deeds.
    South AfricaReal Estate and Construction
    Tonkin Clacey Pretoria
    Tonkin Clacey Pretoria
  • Article

    Tenders And PAJA Reviews - A Case For The Use Of Interdicts As Part Of The Process?

    In Mamlambo Construction (Pty) Ltd v Amathole District Municipality and Another (EL 294/2020) [2020] ZAECELLC 9 (12 June 2020) a review application under the Promotion of Administrative...
    South AfricaReal Estate and Construction
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Showing 181–200 of 638 results

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