ArticleLessons From AuntyA recent European trade mark decision highlights how risky it can be to simply register the word version of a trade mark that is used in a stylised form.European UnionIntellectual PropertyENS
ArticleBeware Of Instant Credit!The National Credit Act 34 of 2005 (the "Act") regulates the extension of credit in South Africa and aims to protect consumers against unscrupulous credit providers.South AfricaConsumer ProtectionSchoemanLaw Inc.
ArticleRepercussions Of Allegations About A Person's Coronavirus (COVID-19) StatusThe coronavirus (COVID-19) pandemic has, due to its high rate of transmissibility, unsettled many of us, forced us to distance ourselves socially, and to make adjustments to our way of life.South AfricaCoronavirus (COVID-19)ENS
ArticleFSB Victory In Market Abuse CaseThe Supreme Court of Appeal handed down judgment today, 28 September 2017, in the matter of Pather v Financial Services Board. South AfricaCriminal LawENS
ArticleCalling Out Racism At Work: Lessons From The Labour Appeal Court’s Qomoyi JudgmentAccusations of racism in the workplace are among the most sensitive and volatile issues employers and employees can face. In South Africa, where history, power and inequality remain deeply intertwined with working life, such allegations carry real emotional and legal weight.South AfricaEmployment and HRENS
ArticleFishing Without A HookDespite a recent court ruling, the status of enforcement awards issued by the Commission for Conciliation, Mediation and Arbitration in terms of the amended section 143 of the Labour Relations Act 66 of 1995 remains a vexing issue.South AfricaEmployment and HRENS
ArticleVicarious Liability: Can An Employer Be Liable For The Intentional And Wrongful Conduct Of Its Employees?The concept of vicarious liability is not uncommon in the context of employment relationships. There is in fact a plethora of cases dealing with the question...South AfricaEmployment and HRENS
ArticleZoom And Section 189 ConsultationsSince the outbreak of the Coronavirus (COVID-19), there has been much talk about what the new normal will be.South AfricaEmployment and HRENS
ArticleClaimants Win First Round Of South African Silicosis Class ActionThe first round in the highly publicised silicosis class action litigation in South Africa – which could cost the gold mining industry almost $3.25bn – was recently decided in the claimants' favour.South AfricaEnergy and Natural ResourcesClyde & Co
ArticleConstitutional Court: The OUTA Principle Applies To The Public Protector, And Two Further Legal DevelopmentsOn 29 May 2020, the Constitutional Court handed down judgment in Economic Freedom Fighters v Gordhan and Others; Public Protector and Another v Gordhan and Others ("EFF v Gordhan"). South AfricaGovernment, Public SectorENS
ArticlePurposive Or Literal? Balancing Procedural Formalities And Access To Justice Under Section 2(2) Of The State Liability Act.Statutory interpretation stands at the heart of many legal disputes. In Minister of Police v Miya (hereafter Miya), the Supreme Court of Appeal was asked to interpret section 2(2) of the State Liability Act 20 of 1957...South AfricaGovernment, Public SectorFairbridges
ArticleWill Grieving Parents Ever Have A Voice Regarding The Disposal Of Foetal Remains? VOICE OF THE UNBORN BABY NPC AND ANOTHER V MINISTER OF HOME AFFAIRS AND ANOTHER [2022] ZACC 20The Constitutional Court recently delivered a judgement which overturned the High Court's ruling that certain sections of the Births and Deaths Registration Act 51 of 1992...South AfricaGovernment, Public SectorAdams & Adams
ArticleA Silently-Raging BullA recent US Supreme Court decision highlights a defence that’s raised from time to time in intellectual property matters, but rarely succeeds.South AfricaIntellectual PropertyENS
ArticleThe Long And Often Winding Road Of Rescission Of Judgement ApplicationsGenerally, Rule 42 of the Uniform Rules of Court deals with the Variation and rescission of court orders. In case of the service of a debt (i.e. that the judgement amount is paid) or by consent rule 23A applies.South AfricaIntellectual PropertySchoemanLaw Inc.
ArticleTrade Marks: Don't Register Them "purely As A Legal Weapon"The long-running Skykick saga recently reached its conclusion. We discussed the case of Sky Plc v Skykick UK Ltd and Another last year. Sky, which owns a registration for the trade mark Sky for a broad specification of goods ...South AfricaIntellectual PropertyENS
ArticleCan A Professional Evade Accountability By Cancelling Their Registration?In an age where professional accountability is paramount to public protection, a pressing question emerges: can a registered professional escape disciplinary proceedings simply by cancelling their registration? South AfricaLitigation, Mediation & ArbitrationAdams & Adams
ArticleCold Comfort – But Comfort Nonetheless – For The Security For Costs ConundrumThere is finally some certainty for defendants in civil claims who are confident about their chances in court but who are concerned that if they ultimately win their case and obtain a costs order, the plaintiff won't be able to pay up.South AfricaLitigation, Mediation & ArbitrationENS
ArticleCourt Clarifies The Scope Of "For Purposes Of Pleading" In Rule 35(14)South Africa's rule 35(14) of the Uniform Rules of Court allows a litigant to request specific documents or tape recordings from another party for purposes of pleading.South AfricaLitigation, Mediation & ArbitrationENS
ArticleIs South Africa's Statutory Dispute Resolution System Dysfunctional?In addressing an appeal stemming from misconduct during the 2018 National Strike in the Plastics Industry in the case of National Union of Metalworkers of SA obo Motlang & Others v Polyoak...South AfricaLitigation, Mediation & ArbitrationFairbridges