Since it is the month of Valentine’s, let’s talk about making a move
Written by Isabella Black INTRODUCTION There may be an instance where a claim was incorrectly calculated and, as such, the court in which the claim was originally brought no longer has jurisdiction. For example, a Plaintiff may have a delictual claim that was initially R180 000 but following a further audit, the claim was re-calculated […]
The rise of virtual litigation, courtesy of COVID-19
Written by Michael Owen The cogs of South Africa’s judicial system have remained untouched for decades, failing to stay abreast with modernity, and doing so at its own peril. However, arguably the biggest upside to the Covid-19 pandemic, from our legal landscape’s point of view, is that the pandemic has acted as a catalyst to […]
The law of subrogation: In who’s name should the insurer litigate?
Following English law, South African Law recognises the right of an insurer to step into the shoes of its insured in proceedings against third parties who are liable for damages suffered by the insured. This procedural step, known as the doctrine of subrogation, allows the insurer to litigate against a third party in order to […]
Possession is not 9/10s of the law
Written by: Miles Manning A fundamental cornerstone of the rule of law is that no person may take the law into their own hands. Following this doctrine, if anyone takes away another person’s possession (regardless of the underlying right to the property) without due legal process, that person acts unlawfully. To prevent people from reverting […]
Can I find relief while my divorce is still ongoing?
Is your divorce taking a long time to finalise? Do you have no form of income? Fortunately, in these circumstances the law provides the Rule 43 application as a simplified, streamlined, and inexpensive procedure to obtain interim relief as provided by common law in matrimonial litigation. Rule 43 of the High Court and Rule 58 […]
I can’t afford legal fees, is there another way?
As a litigator or a private third party, we are aware of the vast differences between Civil litigation and Commercial litigation, these differences include the involvement of businesses rather than just individuals. However, they are both factually and legally complex and thus they give rise to one affinity, which is the high cost of litigation. […]
Arbitration agreements and their exceptions
Due to the high-pressure nature of the industry, construction projects often give rise to disputes. Resolving disputes in the Courts can be time-consuming and costly and this is, of course, undesirable due to the “winners-takes-all” nature of litigation as well as the often very technical nature of the disputes themselves. Construction contracts therefore often make […]
Is your workplace ready for POPI?
The Protection of Personal Information Act 4 of 2013 (POPI) is legislation that was introduced to encourage the protection of personal information which is processed by both public and private bodies. Due to the wide definition of ‘personal information’, the commencement of POPI will have far reaching implications for responsible parties. All businesses are required to […]
How the General Data Protection Regulation affects South African data
With the meteoric increase of electronic data flow over the internet in the past two decades, it has become necessary to institute measures to control how individuals and business enterprises handle peoples’ personal information. This necessity arises as a result of the similarly sharp rise of information theft, identity theft and other criminal acts perpetrated […]
Has Your Claim Prescribed? Not Necessarily…
The recent judgment by the Supreme Court of Appeal in KLD Residential CC v Empire Earth Investments 17 (Pty) Ltd (2017) 3 All SA 739 (SCA) has stirred the proverbial pot with regards to the accepted principles of “without prejudice” correspondence in relation to prescription matters. It is an accepted principle of South African law […]