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ARTICLE · 04 APRIL 2022

The Plascon-Evans Rule: The Simple Truth…

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To expand on this, Motion Proceedings are by their nature designed for the resolution of legal disputes which can be disposed of expeditiously on common cause facts.

South AfricaLitigation, Mediation & Arbitration
Rakhee Bhoora
Rakhee Bhoora
Roy Hsiao
Roy Hsiao
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The nucleus of the Plascon-Evans Rule finds its application in Motion Proceedings.

To expand on this, Motion Proceedings are by their nature designed for the resolution of legal disputes which can be disposed of expeditiously on common cause facts. Simply put, without the need for oral evidence. But this is not always possible as perfection is not always the order of the day and no matter how well intended, even a well drafted application could be ‘cursed' by the odd material dispute of fact creeping in. Coupled with the design of Motion Proceedings to dispose of matters expeditiously and on affidavit (and without the need to hear oral evidence), our courts found a solution and developed the Plascon-Evans Rule to deal with the eventuality of material dispute of fact arising in Motion Proceedings .

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