Denushka Naidoo

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Legal professional privilege is not an absolute right

In considering the scope of legal professional privilege, the following principles should be borne in mind: Legal professional privilege is a negative right to refuse to disclose any confidential information exchanged between a client and a legal adviser. The right vests in the client, not the lawyer. Where confidential information has been made available to … Continue reading

Prescription in contract runs from due date of obligation

Agreements were signed between 31 March and 1 May 2004 for the sale of erven in a newly established township before the township was proclaimed but with municipal permission. The purchasers claimed that the township developers had failed to incorporate certain amenities in the township. Summons was only issued in August 2008. The defendant claimed … Continue reading