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  • Article

    Joining A Defendant After Death: Why It Doesn’t Save An Extinguished Claim

    The Gauteng High Court examined whether a non-patrimonial damages claim against the National Director of Public Prosecutions could survive the claimant's death when the NDPP was joined to proceedings...
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
    Adams & Adams
  • Article

    Managing Risks From Software Projects That Involve Blueprinting

    The recently reported judgement of the case between Markit Systems and Fulcrum Group in the Gauteng High Court is like a movie I have seen play out many times over my career as a technology lawyer.
    South AfricaLitigation, Mediation & Arbitration
    Swart Attorneys
Swart Attorneys
  • Article

    RAF Litigation: The Prolonged Delay On General Damages – What's Causing It, And How Do We Fix It?

    The current assessment process for general damages in the Road Accident Fund (RAF) is facing significant challenges due to delayed and inconsistent claims assessments.
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
    Adams & Adams
  • Article

    Settlement Agreements: Can Courts Unilaterally Alter Their Terms?

    In the judgment handed down on 25 April 2024, Mafisa v Road Accident Fund and Another, the Constitutional Court dealt with an application for leave to appeal...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    The Constitutional Challenge To The Road Accident Fund Act 19 Of 2005

    Recently Bell Dewar advised the Road Accident Fund in respect of a plethora of challenges brought by the organised legal profession.
    South AfricaLitigation, Mediation & Arbitration
    Bell Dewar
    Bell Dewar
  • Article

    The Legal Process For Reporting Elder Abuse In South Africa

    Protecting older persons from abuse is both a legal duty and a social responsibility. The Older Persons Act 13 of 2006 ("the Act") places clear obligations on individuals, professionals and communities...
    South AfricaLitigation, Mediation & Arbitration
    Barnard Inc.
    Barnard Inc.
  • Article

    The Transferability Of General Damages To A Deceased's Estate

    The term ‘litis contestatio' refers to the stage in civil legal proceedings when pleadings have closed as the issues in dispute have been defined and finalised between the litigating parties.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Uganda Court Of Appeal Confirms Restriction On Arbitration Appeals, Post-award Relief Remains Unclear

    Recent decisions by the Court of Appeal have firmly slammed the door on prospects for appeals from arbitration, upholding as sterling the principle of finality...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Wescoal Judgment On Post-Commencement Creditors – How The Appeal Proceedings Affect Its Enforceability.

    The landmark Supreme Court of Appeal (SCA) decision in Mashwayi Projects (Pty) Ltd and Others v Wescoal Mining (Pty) Ltd and Others (2025 ZASCA 5) reshaped the business rescue landscape...
    South AfricaLitigation, Mediation & Arbitration
    Barnard Inc.
    Barnard Inc.
  • Article

    When Will Prescription Start Running? Commentary On The SCA Judgement

    WK Construction (Pty) Ltd v Moores Rowland and Others (952 of 2020) [2022] ZASCA 44...
    South AfricaLitigation, Mediation & Arbitration
    Barnard Inc.
    Barnard Inc.
  • Article

    Why Does Litigation Take So Long?

    You authorise your lawyers to take action. Soon, colleagues ask for timelines and likely outcomes. From the outside, the matter seems to move in slow motion.
    South AfricaLitigation, Mediation & Arbitration
    Barnard Inc.
    Barnard Inc.
  • Article

    POPIA Litigation And Claims For Civil Damages – What To Expect

    Following the recent Experian data breach, the South African Information Regulator took the opportunity to stress the importance of organisations' ...
    South AfricaPrivacy
    ENS
    ENS
  • Article

    Preservation Orders And The Tax Administration Act

    Prior to the Tax Administration Act No. 28 of 2011, the Commissioner: South African Revenue Service was required to apply for a preservation order under the common law.
    South AfricaTax
    ENS
    ENS
  • Article

    Simulated Transactions: Welcome Clarification From The Supreme Court Of Appeal

    In Roshcon v Anchor Auto Body Builders, the Supreme Court of Appeal has clarified the issues caused by its previous decision in SARS v NWK Limited.
    South AfricaTax
    ENS
    ENS
  • Article

    Credit Agreements And Collection Costs: Claiming Legal Fees

    A recent judgment in the Western Cape High Court deals with the limitation on collection costs that a debtor can be charged in terms of a credit agreement under the National Credit Act.
    South AfricaConsumer Protection
    Tabacks
    Tabacks
  • Article

    Moore, Johnsure Investments CC v Black: The Liability Of Representatives And Supervisors In Terms Of The Financial Advisory And Intermediary Services Act

    A person may not render financial services unless he or she is an authorised financial services provider or is appointed as a representative of an authorised financial services provider.
    South AfricaFinance and Banking
    ENS
    ENS
  • Article

    Supreme Court Declares The Court Of Appeal As The Last Appellate Court For Labour Matters

    In a ruling delivered on 7 December 2020, the Supreme Court in Uganda (Court), held that the Court of Appeal is the last appellate court in labour matters arising from the Industrial Court.
    South AfricaLitigation, Mediation & Arbitration
    Bowmans
    Bowmans
  • Article

    Rights & Legal Recourse Of Prisoners Amid The Increasing COVID-19 Infections In Prisons

    The spread of the novel COVID-19 in South Africa has prompted the government to intensify its efforts in assisting the most vulnerable people in our country including the provision of recent...
    South AfricaCoronavirus (COVID-19)
    Adams & Adams
    Adams & Adams
  • Article

    Another Ruling On Income Tax Allowances For Future Expenditure

    Under section 24C of the Income Tax Act 58 of 1962, if a taxpayer receives income under a contract in a tax year.
    South AfricaCorporate/Commercial Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Section 347(5) Of The Companies Act, 1973 Prohibits A Court From Granting A Winding Up Order If Another Court Has Already Granted A Provisional Winding Up Order

    In a recent judgment, the Supreme Court of Appeal ("SCA") considered whether an appellate court can grant a final winding-up order in a proceeding against a company...
    South AfricaCorporate/Commercial Law
    ENS
    ENS
  • Showing 441–460 of 638 results

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