ArticleWhy 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 & ArbitrationBarnard Inc.
ArticleCan An Executor Run Off With Estate Sale Proceeds?When a property in a deceased estate is sold and transferred to a third party, the purchase price is typically paid into the late estate bank account.South AfricaReal Estate and ConstructionBarnard Inc.
ArticleDoes A Usufruct Automatically Terminate On Death? Understanding The Legal ProcessUsufructs are frequently used in estate planning and property transactions in South Africa, particularly where a property owner wishes to grant a surviving spouse or family member...South AfricaReal Estate and ConstructionBarnard Inc.
ArticleLocking In Certainty: Why Sophisticated Creditors Prefer Guarantees Over SuretyshipsCredit heads and in-house counsel often default to "surety/guarantee" language in facility letters, assuming the two offer equal comfort.South AfricaCorporate/Commercial LawBarnard Inc.
ArticleMergers Under The Microscope: Where Public Interest Meets Market PowerSouth Africa's merger control regime occupies a unique position in comparative competition law by requiring that public interest considerations be assessed alongside traditional competition analysis...South AfricaCorporate/Commercial LawBarnard Inc.
ArticleWhat Developers And Body Corporates Need To Know About The Sectional Titles Amendment ActThe new Sectional Titles Amendment Act No. 13 of 2022 ("the Act") incorporating regulations that govern property has been signed into law by our President and was published in the Government Gazette...South AfricaCorporate/Commercial LawBarnard Inc.
ArticleFrom Company Name To Commercial Asset: Where Trade Marks Fit Into A Startup’s Growth JourneyOne of the first decisions any founder makes is what to call their business. The name may start as a practical step in getting the company registered, but over time it can become something much more valuable. South AfricaIntellectual PropertyBarnard Inc.
ArticleNews Platform Takedowns vs. Formal Legal Proceedings: A Practical Guide For Rights Holders In The Digital AgeDigital platforms have transformed how intellectual property rights are enforced online, but when should rights holders rely on internal takedown systems versus formal court proceedings? South AfricaIntellectual PropertyBarnard Inc.
ArticleWhat Is The Value Of A Trademark?A trademark is not just a symbol or a name; it is a valuable asset that can significantly impact a business's worth. Limiting a trademark only to its ability to protect against infringement...South AfricaIntellectual PropertyBarnard Inc.
ArticleFIDIC – Proactively Preserving The Contractual RelationshipThe FIDIC suite of contracts has gone through extreme lengths to equip construction contractual parties with the tools to not only resolve disputes, but as far as possible to avoid disputes and preserve the contractual relationship between them.South AfricaLitigation, Mediation & ArbitrationBarnard Inc.
ArticleHigh Court Declares Equal Levy Contributions Invalid And UnenforceableThe Body Corporate of Kirtlington Park, who since its inception levied an equal amount of levy-contributions from all its members, and in 2016 formally adopted the "equal levy rule", is surely considering...South AfricaLitigation, Mediation & ArbitrationBarnard Inc.
ArticleAl Dra ʼN Aap ʼN Goue Ring / The Devil Wears PRADA 2Het jy al ooit gewonder wie betaal vir wie wanneer persoonlike regte, handelsmerke en kopiereg in ʼn film so vervleg raak dat geen mens meer weet wat aangaan nie.South AfricaIntellectual PropertyBarnard Inc.
ArticleCan I Attach The Bank Account Of A Judgment Debtor To Satisfy A Judgment Debt?Rule 45(8) and 45(12) allowing a judgment creditor to attach the bank account of a judgement debtor.South AfricaLitigation, Mediation & ArbitrationBarnard Inc.
ArticleExamining The Competition Commission's ‘Google Search'The South African Competition Commission probes Google ads and the distortion of competition on social media platforms.South AfricaAntitrust/Competition LawBarnard Inc.
ArticleChuckles, But No Laughing MatterAt the centre of the issue appears to be a commercial dispute with Woolworths, reportedly involving exclusivity arrangements and supply dynamics.South AfricaCorporate/Commercial LawBarnard Inc.
ArticleThe Binding Nature Of Shareholders' Decisions At MeetingsShareholders' meetings are one of the crucial platforms for decision-making within a company. South AfricaCorporate/Commercial LawBarnard Inc.
ArticleConstitutional Court Reforms Divorce ActOn 10 October 2023, the Constitutional Court of South Africa delivered groundbreaking judgments in two separate but interconnected cases, both challenging the constitutionality of Section...South AfricaFamily and MatrimonialBarnard Inc.
ArticleOzempic se Onbedoelde GebruikeOzempic was onlangs saam met BBL en ander politiese eienaardighede in die nuus. Ozempic se eienaar, Novo Nordik en iDexis, ‘n vervaardiger van generiese middels...South AfricaIntellectual PropertyBarnard Inc.
ArticleCan An Enrichment Claim Be Considered A ‘Debt' In Terms Of The Institution Of Legal Proceedings Against Certain Organs Of The State Act?The Supreme Court of Appeal was recently asked – in the matter between Greater Tzaneen Municipality v Bravospan – to consider whether an enrichment claim is considered a ‘debt'...South AfricaLitigation, Mediation & ArbitrationBarnard Inc.
ArticleMemorandum Of Incorporation, Shareholders' Agreement And Rules Of A Company: The Same Orchestra But Different InstrumentsThe Memorandum of Incorporation ("MOI"), Shareholders' Agreement, and Rules of a company can all be described as instruments forming part of the same...South AfricaCorporate/Commercial LawBarnard Inc.