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  • Article

    Johannesburg High Court Laments Lead Times For Allocation Of Hearing Dates

    The Deputy Judge President ("DJP") of the Johannesburg High Court issued a circular on 6 February 2024 urging legal practitioners to carefully consider their approach when seeking hearing dates.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Primary Obligations vs Secondary Obligations And Accepting Repudiation – Be Careful What You Wish For

    In the recent case of Twenty-Third Century Systems (Pty) Ltd and Another v SAP Africa Region (Pty) Ltd, the Supreme Court of Appeal ("SCA") had to consider whether a party to a contract...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Principles Regarding Claims For Unlawful Arrest And Detention

    There exists a substantial body of South African case law that articulates the principles governing unlawful arrest and detention.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Revised OHADA Uniform Act On Debt Recovery And Enforcement – "A Major Qualitative Leap"

    One of the main pillars of the legal framework established by the Organization for the Harmonization of Business Law in Africa...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Rule 35(12): The Principles Drawn Bare By The SCA In Democratic Alliance And Others v Mkhwebane And Another

    It is trite that Rule 35(12) of the Uniform Rules is part of an arsenal of rules regulating discovery, inspection and the production of documents in litigation.
    South AfricaLitigation, Mediation & Arbitration
    Fasken
    Fasken
  • Article

    The Amendment Of Section 25 Of The Constitution: The Ultimate Determining Factor On Compensation When It Comes To Land Expropriation

    A decision was already taken exactly a year ago to amend the relevant constitutional provision, Section 25 of the Constitution of the Republic of South Africa, Act 108 of 1996.
    South AfricaLitigation, Mediation & Arbitration
    Vasco de Oliveira Inc.
    Vasco de Oliveira Inc.
  • Article

    The Application Of Legal Interest Rates: Which Rates Apply?

    When a party institutes legal action against another party, the plaintiff is entitled to claim interest over and above the capital amount.
    South AfricaLitigation, Mediation & Arbitration
    Thipa Denenga
    Thipa Denenga
  • Article

    The In Duplum Rule – How Far Does It Go? Limited To Credit Agreements – Or Not?

    The in duplum rule has been part of South African law for more than 100 years, translated, in duplum means ‘double the amount'. This common law rule provides that interest ...
    South AfricaLitigation, Mediation & Arbitration
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Uncover The Truth With EDiscovery: Safeguarding Your Organisation From Internal Fraud Beyond Litigation

    eDiscovery refers to the role of teams that specialise in providing support to various internal corporate functions, particularly legal, risk and compliance, to manage evidentiary obligations...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    What Constitutes "Exceptional Circumstances" In Order To Avoid An Appeal From Suspending An Order?

    What constitutes "exceptional circumstances" in order to avoid an appeal from suspending an order? Section 18(1) of the Superior Courts Act 10 of 2013 ("the Act") permits a court to make effective...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    When Is Emotional Distress Sufficient To Ground A Claim For Damages?

    Claims for damages arising from emotional shock are often pursued without a full appreciation of the legal requirements that must be satisfied for success.
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
    Adams & Adams
  • Article

    Constitutional Court Provides Clarity On Rights Of Licensees To Construct Facilities On Another Person's Land Under The Electronic Communications Act

    This judgment is of particular importance as it found that the ECA effectively creates a public servitude over land in favour of licensees.
    South AfricaMedia, Telecoms, IT, Entertainment
    Dentons
    Dentons
  • Article

    More Developments At The ASA

    A court has ruled that the South African Advertising Standards Authority ("ASA") does not have the authority to consider and rule on adverts placed by entities that aren't members of the organisation.
    South AfricaMedia, Telecoms, IT, Entertainment
    ENS
    ENS
  • Article

    Co-Ownership Is The Mother Of All Disputes

    If you are considering purchasing a property jointly with someone other than a spouse, it is advisable to enter into a co-ownership agreement.
    South AfricaReal Estate and Construction
    Cox Yeats
    Cox Yeats
  • Article

    Upholding Contractual Integrity: Sasol vs Murray & Roberts

    Supreme Court of Appeal judgment offered clarity on construction contract interpretations, setting precedents for future adjudication processes.
    South AfricaReal Estate and Construction
    Tiefenthaler Africa
    Tiefenthaler Africa
  • Article

    Recent Case Law Regarding The Employees’ Tax Implications Of A Company Car Scheme In The Spotlight

    The South African Revenue Service ("SARS") assessed the taxpayer for employees' tax for the period 1 March 2003 to 29 February 2008 in terms of the provisions of the Fourth Schedule to the Income Tax Act No. 58 of 1962 ("Act").
    South AfricaTax
    ENS
    ENS
  • Article

    Bio - A Trade Mark?

    The decision of Union-Swiss (Pty) Ltd v Bio-Cream Cosmetics and another (North Gauteng High Court, Judge Rabie, 17 July 2015) dealt with two distinct issues; namely, passing off and rectification of the register.
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    Tax On Proceeds Received For The Disposal Of Shares - How Long Is ‘For Keeps’ These Days?

    Certain shares, if held for a continuous period of three years prior to disposal, are deemed to yield capital proceeds in terms of section 9C of the Income Tax Act.
    South AfricaTax
    ENS
    ENS
  • Article

    Who Will Foot The Bill For COVID-19 Vaccine Complications?

    The wait is finally over! South Africa's vaccination roll-out plan is expected to go into overdrive shortly.
    South AfricaCoronavirus (COVID-19)
    Adams & Adams
    Adams & Adams
  • Article

    Careful With Your Commas

    "Punctuation has purpose… [it is] an important tool in ascribing meaning, idea, thought, intention and mood to what the author of the written words seeks to impart or convey to the reader."
    South AfricaCorporate/Commercial Law
    Tabacks
    Tabacks
  • Showing 321–340 of 638 results

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