Litigation Ambiguity: How poorly drafted commercial contracts drive disputes in South Africa
In South Africa’s commercial environment, clear and precise contract drafting is crucial. Ambiguities or missing details often lead to disputes, as illustrated by the recent case of G Phadziri & Sons (Pty) Ltd v Do Light Transport (Pty) Ltd and Another [2023] ZASCA 16. One of the disputes in this case arose from a commercial […]
Initiating compulsory sequestration: What must a creditor prove?
The Insolvency Act 24 of 1936 (“the Act“) provides a legal mechanism for the sequestration of a debtor’s estate where the debtor is unable to satisfy their financial obligations. Sequestration may be effected voluntarily by the debtor or compulsorily at the instance of a creditor. This article focuses specifically on the legal requirements that a […]
Understanding the inherent quality of urgency in restraint of trade applications
Restraint of trade clauses in employment contracts are essential for protecting an employer’s proprietary interests. These clauses restrict former employees from engaging in activities that directly compete with the employer for a specified period of time and within a defined geographical area after the termination of their employment. The proprietary interests typically protected by a […]
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 […]