ArticleB-BBEE Ownership: Why The Right Share Options CountIn the context of Broad-Based Black Economic Empowerment (B-BBEE), ownership is one of the key elements of measurement.South AfricaCorporate/Commercial LawBarnard Inc.
ArticleMango's Plan: An Investor, A Creditor, And A CessionThe ongoing business rescue proceedings of Mango Airlines (Pty) Ltd ("Mango") have raised key legal considerations surrounding the cession of creditor claims during corporate restructurings.South AfricaCorporate/Commercial LawBarnard Inc.
ArticleWhen A Close Corporation Is Wound Up, Are Members Automatically Liable For The Costs?A recent judgment of the North West High Court, Mahikeng, has provided welcome clarity on an issue that does not often receive direct judicial attention.South AfricaCorporate/Commercial LawBarnard Inc.
ArticlePlatform Takedowns vs. Formal Legal Proceedings: A Practical Guide For Rights Holders In The Digital AgePlatform takedown tools offer speed, but not legal certainty. This article examines the practical tensions between internal enforcement mechanisms and formal court proceedings for rights holders navigating online...South AfricaIntellectual PropertyBarnard Inc.
ArticleSecuring Intellectual Property Ownership In Outsourced Product DevelopmentInnovation often relies on collaborations between operational companies and outsourced development specialists.South AfricaIntellectual PropertyBarnard Inc.
ArticleTrade Dress Protection As A Trade Mark In South AfricaTrade dress (TD) protection is a form of non-traditional mark that business owners should consider when expanding their intellectual property (IP) portfolio.South AfricaIntellectual PropertyBarnard Inc.
ArticleLegal Representatives In Section 417 Enquiries – The Triple R'sIn the previous article, we explored the powers and limits of the Commissioner in Section 417 enquiries.South AfricaLaw Department PerformanceBarnard Inc.
ArticleFrom Courtroom To Kick-Off: Mandatory Mediation In GautengThe principles that underpin effective dispute resolution-strategy, structure, and collaboration – are not unique to the legal profession.South AfricaLitigation, Mediation & ArbitrationBarnard Inc.
ArticleThe Necessity To Prove Factual Causal Link Between Wrongful And Culpable Conduct On The One Hand, And Loss Suffered On The OtherThe gap between the Court Aquo's decision v the SCA decision on Kenneth Paul Els V The Memorable Order of Tin Hats v Kenneth Paul Els (M.O.T.H.) (241/2017) (2019) ZAGPJHC 77 (7 March 2019).South AfricaLitigation, Mediation & ArbitrationBarnard Inc.
ArticlePulled Over Is One Thing. Locked Up Is Another.A recent Western Cape High Court judgment has drawn an important line between enforcing road traffic laws and unlawfully depriving someone of their freedom.South AfricaTransportBarnard Inc.
ArticleBusiness Rescue Practitioners And Voidable DispositionsA company that finds itself in a financially distressed position by nature has limited financial resources available, including the resources to attend to the payment for professional services rendered.South AfricaCorporate/Commercial LawBarnard Inc.
ArticleThe Compliance Equation: Risk, Regulation, And Reputation In South AfricaConducting a Legal Audit for Compliance in South Africa: Why It Matters and How to Do It Right...South AfricaCorporate/Commercial LawBarnard Inc.
ArticleCan You Get A Divorce If You Don't Know Your Spouse's Whereabouts?In South Africa, you must give formal notice to your spouse when filing for divorce. This notice is delivered in person by the sheriff of the court.South AfricaFamily and MatrimonialBarnard Inc.
ArticleThe Roles, Functions And Benefits Of The Family AdvocateThe role of the Family Advocate is to take the best interests of the minor children/child into consideration and to promote these interests in order to make a decision regarding their care, contact...South AfricaFamily and MatrimonialBarnard Inc.
ArticleUnderstanding The Termination And Acquisition Of Parental Rights And Responsibilities In South AfricaA parent may either have full or specific parental responsibilities and rights in respect of a minor child. South AfricaFamily and MatrimonialBarnard Inc.
ArticleInflated Insurance Claims And Forfeiture Of BenefitsThe Supreme Court of Appeal had to consider the question whether an insurer is entitled to repayment of the amounts already paid to the insured...South AfricaInsuranceBarnard Inc.
ArticleHypothecation vs Licensing vs Assignment – Unlocking Trade Mark ValueTrade marks are valuable assets for businesses, and they can be utilised in various ways to achieve commercial benefits.South AfricaIntellectual PropertyBarnard Inc.
ArticleThe Confusion Surrounding Rule 46a And Auction Reserve PricesWhat happens when an auction reserve price (for immovable property) has not been reached in terms of Uniform Rule 46A? Rule 46A of the Uniform Rules of Court aims to regulate the manner...South AfricaLitigation, Mediation & ArbitrationBarnard Inc.
ArticleIs A Landowner Obliged To Provide Alternative Accommodation To An Unlawful Occupier?When deciding whether a party should be evicted, a Court must take into consideration all relevant circumstances and factors, and then determine whether the eviction would be just and equitable.South AfricaReal Estate and ConstructionBarnard Inc.
ArticleIntellectual Property Rights: Why Litigation Remains The Effective Enforcement ToolIntellectual property is a key factor in what sets a business apart from its competitors. As such, the protection and enforcement of intellectual property rights are essential to preserving the value of those assets. South AfricaIntellectual PropertyBarnard Inc.