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  • Article

    When The SIU Comes Calling | State Capture Investigations

    The first call or letter seldom arrives at a convenient moment. A phone message from a "forensic investigator", an e-mail citing a presidential proclamation, or a request for financial information...
    South AfricaCriminal Law
    Fairbridges
    Fairbridges
  • Article

    Employers: You May Be Held Vicariously Liable If Your Employees Commit Sexual Harassment At Work

    The recent judgment of the South African High Court in CS and another v Swanepoel and others is important because it demonstrates that, in certain circumstances, employers could potentially...
    South AfricaEmployment and HR
    ENS
    ENS
Article

Runaway Mora Interest In Substituted Compensation Orders?

In Malatji v Minister of Home Affairs and Another, the South African Labour Appeal Court ("LAC") had to determine when mora interest ...
South AfricaEmployment and HR
ENS
ENS
  • Article

    Political Interference And Your Right To A Fair Trial

    Every accused has the right to a fair trial in terms of sections 12 and 35 of the Constitution of the Republic of South Africa Act 108 of 1996 (the "Constitution").
    South AfricaGovernment, Public Sector
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Concursus Creditorum: Drawing A Hard Line In The Sand

    In a recent judgment that serves as a cautionary tale for creditors and agents alike, the Supreme Court of Appeal ("SCA") has with characteristic clarity and rigour, delivered a clear reminder...
    South AfricaInsolvency/Bankruptcy/Re-Structuring
    ENS
    ENS
  • Article

    Policy Wording Matters: US Electromagnetic Field Ruling Offers Cautionary Tale For South Africa

    A recent decision from the United States Court of Appeals for the Seventh Circuit, in the matter between Hammond Power Solutions Inc. v. National Union Fire Insurance Co. (2025)...
    South AfricaInsurance
    Adams & Adams
    Adams & Adams
  • Article

    The Sapling And The Fallen Tree

    Two recent decisions of the Supreme Court of Appeal of South Africa dealing with the delictual elements of wrongfulness and negligence will be of interest to liability insurers.
    South AfricaInsurance
    Clyde & Co
    Clyde & Co
  • Article

    Anton Piller: Not A Fishing Expedition

    The Anton Piller order is an extraordinary thing. It's essentially an evidence-preserving legal mechanism.
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    Copyright, Fair Dealing And Hyperlinks

    A South African court has found that, for the purposes of fair dealing in copyright law, hyperlinks are a sufficient way of acknowledging source and ownership.
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    Fire In The Hole – When Names Spark A Passing-off Battle

    Ever wondered what happens when two businesses use almost identical names? The Supreme Court of Appeal recently answered that in Logik Group Africa t/a Fire Logik v Fire Logic (Pty) Ltd
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    Software Licences - Be Careful!

    The Supreme Court of Appeal recently handed down judgment in the case of Attachmate Corporation v Minister of Water and Environmental Affairs (20 May 2015).
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    The Country Where Biltong Rules

    On 14 December 2023, the South African Supreme Court of Appeal ("SCA") handed down its judgment in the case of Grupo Bimbo S.A.B. v Takis Biltong, a trade mark judgment that has people talking...
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    The Persistent And The Vexatious – The Ersatz Litigant

    It is a tale as old as time if you are an ersatz litigator – you lose once, you try again, regardless of merit and good faith. The notorious second, third and fourth bite at the cherry.
    South AfricaIntellectual Property
    KISCH IP
    KISCH IP
  • Article

    Well-Known Trade Marks In Kenya: The Bar Is High

    The Assistant Registrar found against Sony Corporation on all eight classes and the company filed an appeal to the High Court.
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    A Party Absent From Taxation Cannot Seek Review The Taxation Master's Decisions

    In Macbeth Attorneys Inc v South African Forestry Company SOC Ltd ("SAF") and Others, the South African Supreme Court of Appeal ("the SCA") provided clarity about whether a party may review the taxing master's decision in respect of legal costs, if that party did not appear before the taxing master and object to items in the bill of costs.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Academic Exclusion And Urgent Court Relief

    When a student urgently asks a court to let them continue attending classes while challenging an academic exclusion, the legal question is not simply whether the consequences for the student are serious.
    South AfricaLitigation, Mediation & Arbitration
    Fairbridges
    Fairbridges
  • Article

    Avoiding The Courtroom: Good Business Practices For South African Business Owners

    As a corporate and litigation lawyer, I have witnessed firsthand the significant impact that litigation can have on businesses. Lawsuits are time-consuming, expensive, and emotionally draining...
    South AfricaLitigation, Mediation & Arbitration
    Andersen in South Africa
    Andersen in South Africa
  • Article

    Deneys Reitz Inc Comments On Commercial Crime, Creditors And Costs

    If ever you have a claim against a debtor whose assets become the subject of an asset forfeiture order, there may still be hope for recovering what is owed to you.
    South AfricaLitigation, Mediation & Arbitration
    Norton Rose Fulbright South Africa
    Norton Rose Fulbright South Africa
  • Article

    High Court Errs By Setting Aside A Non-Binding Settlement Agreement

    In Minister of Department of Rural & Land Reform and Others v Thamsanqa Davis Bisset, the Supreme Court of Appeal ("the SCA") upheld an appeal against a High Court order setting aside a settlement.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Johannesburg High Court Case Flow Times (July 2026)

    The Johannesburg High Court has published lead times for setting matters down for hearing, revealing significant delays across various case types. With opposed applications facing 18-week waits and long-duration trials not being heard until 2028, the bulletin raises questions about court capacity and potential solutions to address mounting backlogs.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Showing 301–320 of 638 results

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