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  • Article

    Third Party Claim Prescribes After The Sheriff Refuses To Serve A Summons

    The Supreme Court of Appeal (SAC) in Motloung and Another v The Sheriff, Pretoria East and Others (Case no 1394/18) {2020} ZASCA ("Motloung")...
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
    Adams & Adams
  • Article

    Tying Up The Loose Ends - Mediation Is A Must Unless Exceptional Circumstances Exist

    Mediation has become an integral part of the civil litigation process in the Gauteng division. The Mediation Protocol ("the Protocol")...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    What Weight Is Given To Expert Evidence?

    It has been argued that there are issues which simply cannot be decided without expert guidance.
    South AfricaLitigation, Mediation & Arbitration
    Routledge Modise
    Routledge Modise
  • Article

    When Is An Entity "Directly Affected" By Administrative Decisions?

    In the case of Gensinger and Neave CC & Others v Minister of Mineral Resources and Energy, the Supreme Court of Appeal ("the SCA") made certain findings as to when an entity is affected by administrative decisions.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    The Entitlement Of An Owner Evict – But Only If It Is Just And Equitable

    Recently there has been a rise in immovable property disputes and more so regarding evictions. With the economic issues that have surfaced since the COVID 19 pandemic ...
    South AfricaReal Estate and Construction
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Certification of Electronic Evidence – A Powerful Tool in South African Litigation

    The use of hard copy printouts of documents stored on computers has long been a bugbear for banks, insurance companies and anyone else wishing to present evidence from its computer system in order to prove a claim.
    South AfricaStrategy
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    VAT Status Of Payments To Welfare Organisations Clarified By The High Court

    The SA Red Cross Air Mercy Service Trust approached the High Court for a declaratory order regarding the value added tax status of payments it receives from the health departments of provincial governments...
    South AfricaTax
    ENS
    ENS
  • Article

    Shareholder, Know Your Rights

    There are many lessons to be learnt from the ongoing Kebble saga. One of the most practical lessons emerges from the recent judgment in “Letseng Diamonds Ltd v JCI Ltd” regarding the governance of companies and the position of shareholders in relation to the company and its directors.
    South AfricaCorporate/Commercial Law
    Norton Rose Fulbright South Africa
    Norton Rose Fulbright South Africa
  • Article

    Another Colour Fail

    Another day, another failed colour trade mark application. But there may be some lessons to be learned from a recent Australian decision.
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    Rihanna Hasn’t Lost Her Appeal

    Rihanna’s case against Topshop, Robyn Rihanna Fenty v Arcadia Group Brands Ltd, continues to make the news.
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    Applicants Must Demonstrate Exceptional Circumstances For Reconsideration Applications Before The SCA

    In Ekurhuleni Metropolitan Municipality v Business Connexion (Pty) Ltd, the Supreme Court of Appeal ("SCA") considered an application for reconsideration...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Does A Bank Have The Power To Place A Customer's Account On Hold?

    On 8 June 2020, the Pretoria High Court handed down judgment in Moyo v The Standard Bank of South Africa Limited.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Is The Service Of A Notice Arguing That The Particulars Of Claim Is Vague And Embarrassing A Valid Response To A Notice Of Bar?

    The recent judgment of the Western Cape High Court, Hill NO and Another v Brown, provided a useful reminder of the differences between a notice and a pleading...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Legal Practitioners Pay The Price For Unprofessional Conduct

    The Eastern Cape High Court addressed whether legal practitioners should personally bear costs and forfeit fees after an appeal collapsed due to a severely deficient appeal record.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Urgent Applications: The Importance Of Effecting Proper Service

    The duty on litigants to ensure proper service, particularly in the case of urgent applications cannot be gainsaid.
    South AfricaLitigation, Mediation & Arbitration
    Thipa Denenga
    Thipa Denenga
  • Article

    Standing Out From The Crowd – Corn Thins, Neologisms And Distinctiveness

    The Board of Appeal dismissed further arguments that were put forward in support of the Corn Thins trade mark registration.
    European UnionIntellectual Property
    ENS
    ENS
  • Article

    Common Law Offers Of Settlement, The Knife That Cuts Both Ways

    With various changes to Court processes as a result of the COVID19 pandemic, the use of common law offers of settlement in attempts to reduce costly and protracted litigation is more compelling now than ever.
    South AfricaCoronavirus (COVID-19)
    Adams & Adams
    Adams & Adams
  • Article

    Context And The ConCourt

    When the Constitutional Court rules on the interpretation of contracts, it's best to take note. When it starts with a poem – even more so!
    South AfricaCorporate/Commercial Law
    ENS
    ENS
  • Article

    Using Section 65 Financial Enquiries To Recover Debt

    Picture a scenario where XYZ Components supplies R120 000 worth of specialised parts to a customer on 30-day terms. Ninety days...
    South AfricaCorporate/Commercial Law
    Barnard Inc.
    Barnard Inc.
  • Article

    Seizure Of Property Obtained From Unlawful Or Criminal Activity

    A key component of achieving true justice in corruption related matters is ensuring that individuals and corporations do not profit from their unlawful activities.
    South AfricaCriminal Law
    ENS
    ENS
  • Showing 241–260 of 638 results

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