In 2019, the Tax Court in ABC Proprietary Limited v C: SARS (Case No. 14287) 82 SATC 144 held that the most favoured nation ("MFN") article which is contained...

There are two ways of litigating in the High Court; by summons or by application.

South African courts may allow multiple companies to be liquidated in one application, but separate grounds and evidence must be established for each company.

The Road Accident Fund has recently terminated the mandate of its panel of attorneys and demanded the return of the files in their possession, ...

On Monday, 20 May 2024, the Constitutional Court held that former President Jacob Zuma was convicted of an offence and sentenced to more than 12 months' imprisonment for purposes of section 47(1)(e) of the Constitution.

Moneyweb reported recently that lawyers representing consumers facing home repossession have applauded a recent case in the Gauteng High Court which aims to block any lawyers who try to side-step court procedures...

The South African Constitutional Court examined a critical question in damages law: when should interest begin accruing on awards for general damages in cases of unlawful arrest and detention? The ruling in Minister of Police v Khedama establishes a definitive framework for calculating interest on unliquidated debts, distinguishing between pecuniary losses and general damages to prevent overcompensation.

A default judgment is your next step when the party whom the action is brought against has failed to defend the claim.

A South African patent court ruled in favour of Astellas Pharma against generic drugmaker Cipla, preventing the sale of their generic overactive bladder treatment. The dispute centered on a formulation patent for mirabegron and highlighted the critical role of expert witnesses in helping courts understand complex pharmaceutical inventions and food-effect interactions.

In Kahn v Stetter, Brian Kahn Inc., a firm of attorneys, instituted an application in the High Court for an order directing its' client to pay for outstanding fees in respect...

Many employees are unaware that similar to criminal or civil courts proceedings, the CCMA or Bargaining Council is allowed to compel witnesses to present themselves to testify or provide information.

Being subpoenaed to appear at a Section 417 enquiry can feel daunting, especially if you're unfamiliar with the process.

You are heading off to a lecture room, excited to attend this particular lecture as it is taught by your favourite Professor who has a habit of sharing daily pearls of wisdom.

Arbitration is a form of alternative dispute resolution, which along with mediation and conciliation, offers an alternative to court procedures.

ENS represented The General Council of the Bar South Africa ("GCB") and Advocates for Transformation ("AFT"), in review proceedings against the Minister of Finance, Minister of Justice and Solicitor-General.

In Pulane Qhamakoane ("PQ") v Road Accident Fund ("RAF"), the Gauteng Division of the High Court of South Africa, Pretoria, had to consider whether a party that is barred from pleading after failing to timeously plead, is permitted to plead after an amendment to the particulars of claim is delivered.

Litigation proceedings in itself is an acrimonious procedure and Parties to the proceedings try to have it finalized as soon as possible, alternatively, they try to drag out the proceedings to cause undue delays for various reasons.

ENSafrica appeared in the press today in relation to a settlement agreement involving SAA and a Mr O'Sullivan, a private investigator in South Africa.

As South Africa braces for the National Shutdown scheduled for Monday 20 March 2023, several High Courts across the country are making adjustments for proceedings scheduled for 20 March 2023.

The without prejudice rule has long been part of South African law. This rule provides that statements, including admissions of liability, made in an attempt to settle litigation between parties.