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  • Article

    Inadmissible Evidence Does Not Become Admissible Simply Because It Is The Best Evidence Available

    The Western Cape High Court recently delivered a judgment in a default judgment application that stems from a defamation matter instituted by Rosemary Ryan ("Ms Ryan") against the Hyatt Regency Cape Town hotel...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Injuries Or Illness Sustained At Work – Unpacked

    I will refer to the Compensation for Occupational Injuries and Diseases Act Number 130 of 1993 as "COIDA".
    South AfricaLitigation, Mediation & Arbitration
    SchoemanLaw Inc.
    SchoemanLaw Inc.
Article

Litigants In Johannesburg High Court Could Face 4 ½ Year Wait For Civil Trials

The Deputy Judge President ("DJP") of the Johannesburg High Court should again be commended for transparency in publishing a bulletin on 26 July 2024 of lead times for the set down of matters for hearing.
South AfricaLitigation, Mediation & Arbitration
ENS
ENS
  • Article

    Litigants In The Johannesburg High Court Could Wait Up To 3½ Years For A Civil Trial To Be Set Down

    The Deputy Judge President ("DJP") of the Johannesburg High Court should be commended for publishing on 4 June 2024, a bulletin of lead times for the set down of matters for hearing by the Johannesburg High Court.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Long Wait Ahead - Lead Times For Dates Of Hearing From The Johannesburg High Court As At 31 August 2024

    The Deputy Judge President ("DJP") of the Johannesburg High Court published a further bulletin of lead times for the set down of matters for hearing by the Johannesburg High Court as at 31 August 2024.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    New Judgment Highlights Importance Of Text, Context And Purpose In Interpreting Contracts

    The case of Capitec Bank Holdings Ltd and Another v Coral Lagoon Investments 194 (Pty) Ltd and Others is valuable as it succinctly sets out the rules relating to the interpretation of contracts.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    New Supreme Court Of Appeal Judgment On Wrongfulness In South Africa

    On 1 December 2017, the Supreme Court of Appeal ("SCA") upheld an appeal against the decision of the court a quo of Donen AJ in the Western Cape Division ...
    South AfricaLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
  • Article

    Pre-Litigation Discovery

    Discovery is a process in civil and criminal proceedings, provided for in Rule 35 of the Uniform Rules of Court, where parties exchange non-privileged documentary evidence available to the...
    South AfricaLitigation, Mediation & Arbitration
    Fasken
    Fasken
  • Article

    Requirements For Proving A Warranty Breach - A Case Study

    The purchaser in a sale transaction often does not have full insight into the dealings and risks of the business to be purchased, even when a due diligence has been conducted.
    South AfricaLitigation, Mediation & Arbitration
    Fasken
    Fasken
  • Article

    Signed, Sealed… But Agreement Set Aside By The SCA

    The Supreme Court of Appeal ("SCA") recently handed down a landmark judgment in Absa Bank Limited v Serfontein, setting aside an acknowledgement of debt agreement...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    The Constitutionality Dilemma Of Regulation 7 To The Road Accident Fund Act, As Amended

    The Constitution of the Republic of South Africa, in its supremacy status, requires all three arms of the State, (i.e., the legislature, the executive and the judiciary) to adhere to...
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
    Adams & Adams
  • Article

    The Net That Is Vicarious Liability Widens? Stallion Security (Pty) Ltd v Van Staden

    This case addresses whether employers can be held liable vicariously for harm caused by their employees even when they are engaged on endeavours of their own and not discharging their duties.
    South AfricaLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
  • Article

    The Revival Of An Agreement That Lapsed For The Failure To Fulfil Conditions Precedents

    The Supreme Court of Appeal (‘SCA') in the case of Vantage Goldfields SA (Pty) Ltd v Siyakhula Sonke Empowerment Corporation (Pty) Ltd and Another considered whether a sale of shares agreement...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    To Entertain Or To Not Entertain A Moot Point.

    In Aptitude Trading Enterprise (Pty) Ltd v The City of Tshwane Metropolitan Municipality and Another, the South African Supreme Court of Appeal...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Unlawful Competition And Confidential Information

    ENSafrica has successfully represented one of its clients in an unusual unlawful competition case, one involving the misappropriation of confidential information.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Unsuccessful Civil Damages Following Altercation That Left Victim Partially Paralysed

    The protracted legal saga between Andrew Merryweather and his delictual claim for damages against Oliver Scholtz and his father reached the Supreme Court of Appeal (‘SCA')...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    When Does The Spoliation Remedy Apply?

    The South African Supreme Court of Appeal ("SCA") recently handed down two judgments which provide some interesting insights into the interpretation and limits of the spoliation remedy.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Supreme Court Of Appeal Overrules High Court In Decision Over Whatsapp Message Contract

    The case between Ntsieni Morris Kgopana and Mohlaki Rosina Matlala in the Supreme Court of Appeal ("the SCA") considered whether a...
    South AfricaMedia, Telecoms, IT, Entertainment
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Tax Consequences Of Foreign Companies Rendering Services In South Africa

    In the case of X LLC, case number 13276 heard in February 2015, as yet unreported, the Tax Court had to determine whether X had created a permanent establishment in South Africa, and was liable to tax in South Africa.
    South AfricaTax
    ENS
    ENS
  • Article

    The Supreme Court Of Appeal Weighs In On The Meaning Of "Bona Fide Inadvertent Error"

    Tax law is often difficult to interpret and frequently the South African Revenue Service ("SARS") and the Courts hold a different view to that of a taxpayer and its advisers.
    South AfricaTax
    ENS
    ENS
  • Showing 401–420 of 638 results

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