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  • Article

    Admissibility Of A "Without Prejudice" Acknowledgement Of Debt In A Court Room During Litigation Proceedings

    It is common for a debtor (defendant) to submit correspondence to its creditor (plaintiff) and mark it as "without prejudice", wherein the debtor acknowledges its indebtedness to the creditor and...
    South AfricaFinance and Banking
    Vasco de Oliveira Inc.
    Vasco de Oliveira Inc.
  • Article

    Debt Crisis In South Africa: Are Preservation Orders The Ultimate Lifeline For Creditors?

    South Africans are among the most highly indebted people in the world. With the unemployment rate showing no signs of improvement, there is no end in sight for this crisis. Persistent socio-economic
    South AfricaFinance and Banking
    Adams & Adams
Adams & Adams
  • Article

    Expired Bid Evaluation Committee Appointment – The Rotten Egg

    Imagine trying to bake a cake with an expired ingredient, one bad egg and you end up with a disaster instead of a dessert. That's exactly what happened when one member's...
    South AfricaGovernment, Public Sector
    Fairbridges
    Fairbridges
  • Article

    Negligence vs Recklessness

    Consumers procure insurance for many reasons.
    South AfricaInsurance
    Adams & Adams
    Adams & Adams
  • Article

    Anti-Dissipation Interdicts In Counterfeit Goods Cases

    There is nothing more frustrating to a trade mark proprietor than going through the effort of securing a judgment in a counterfeit goods case, only for...
    South AfricaIntellectual Property
    Adams & Adams
    Adams & Adams
  • Article

    Chinese Court Sends 3N Packing

    A Chinese court recently ordered a Chinese company that had blatantly infringed one of the world's better known trade marks to pay significant damages to the trade mark owner.
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    Patent Infringement, Evidence And Claim Interpretation: Key Guidance From The SCA

    A South African patent litigation case demonstrates the importance of substantive claim interpretation over textual analysis, as the Supreme Court of Appeal unanimously ruled in favor of Safety Engineering International LLC in an infringement dispute involving groundbreaking road safety technology. The decision provides crucial guidance on evidentiary standards when defendants fail to present their own expert testimony or measurements.
    South AfricaIntellectual Property
    Adams & Adams
    Adams & Adams
  • Article

    Playing Trademark Hardball: Supreme Court Of Appeal Decision In POLO Dispute

    A decades-long saga about the POLO brand and what it means to consumers in South Africa saw its most recent play on February 23, 2022, when South Africa's Supreme Court of Appeal handed down an important trademark judgment ...
    South AfricaIntellectual Property
    Dennemeyer & Associates S.A.
    Dennemeyer & Associates S.A.
  • Article

    The Perils Of Culpable Misrepresentation

    The recent case of Gallagher Group Ltd v IO Tech Manufacturing (5 August 2013, unreported) may well be one of the most important patent cases in recent times impacting on South African patent validity.
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    Are Midstream Reviews Of Proceedings At An Investigative Stage Permissible? Insights From A Full Bench Appeal

    An appeal serving before a full bench in the High Court of South Africa, Gauteng Division, Pretoria has recently shed light on whether a midstream review of proceedings conducted...
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
    Adams & Adams
  • Article

    Compensation For Occupational Injuries And Diseases Amendment Act, 10 Of 2022

    On Monday, 17 April 2023, Government Notice. 694 of 2023 was published in Government Gazette No. 48431, in terms of which the President of the Republic of South Africa gave notice...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Court Says There's No Way Around PAIA For Steinhoff Holdings

    The Promotion of Access to Information Act (PAIA) aims to foster a culture of transparency and accountability in public and private bodies. It does so by giving effect to the right of access to...
    South AfricaLitigation, Mediation & Arbitration
    Barnard Inc.
    Barnard Inc.
  • Article

    Dog Bite Court Cases Gaining Momentum: General Legalities

    Dogs, just like other domesticated animals, are an important part of most families – for affection, security, etc. As such, dogs play an important part in the family setting.
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
    Adams & Adams
  • Article

    Executor's Fees: When Is It Yours?

    Based on the outcome of the most recent court case in the Supreme Court of Appeal, Jones v Pretorius, a strong word of warning was issued by the Court to those appointed as executors and their agents.
    South AfricaLitigation, Mediation & Arbitration
    Barnard Inc.
    Barnard Inc.
  • Article

    Frivolous Litigation: A Warning To Practitioners

    In the case of Strydom and Another v Coomans and Others, the North West Division of the High Court ruled against attorneys billing clients for frivolous and thoughtless litigation.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Is A Loan Concluded Between Friends Subject To The National Credit Act?

    In Allied Steelrode (Proprietary) Limited v Dreyer, the Supreme Court of Appeal ("SCA") set aside the High Court's order after concluding that an informal loan agreement entered...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Is An Interim Order Of Court Appealable?

    In various remedies available to litigants, interim orders often form an integral part of the process of obtaining finality in a dispute.
    South AfricaLitigation, Mediation & Arbitration
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Liability For Losses Incurred As A Result Of Business Email Compromise

    The Supreme Court of Appeal ("SCA") delivered a judgment yesterday which provides much needed clarity on the liability for losses suffered as a result of a business email compromise.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Maintenance Debts And Prescription

    Child maintenance is a critical solution in law, it allows for the most basic care for the most helpless in society, our children.
    South AfricaLitigation, Mediation & Arbitration
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Mandamus And Accountability In South African Law

    Accountability is of utmost importance in South African law as it serves as a cornerstone of good governance and the protection of citizens' rights and freedoms.
    South AfricaLitigation, Mediation & Arbitration
    Schoenherr (Schönherr Rechtsanwälte)
    Schoenherr (Schönherr Rechtsanwälte)
  • Showing 81–100 of 638 results

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