South Africa and global insurance, financial institutions, banking and general law know–how
This blog was drafted by: Tameez Casoo, candidate attorney
The Constitutional Court judgment in the case of Land Access Movement of South Africa and Others v Chairperson of the National Council of Provinces and Others 2016 (10) BCLR 1277 (CC) (LAMOSA) has had an effect on restitution claims lodged between 1 July 2014…
This blog was co-authored by: Felix Le Roux, candidate attorney and Donald Dinnie, director
Recently, plaintiffs in medical malpractice litigation involving cerebral palsy have sought to advance the theory that acute profound brain injuries may be preceded by an intermittent deprivation of oxygen to the brain in the hours leading up to delivery. This theory,…
This blog was drafted by: Paulette Khumalo, Associate
A party who intends to bring a claim for damages against an organ of state must comply with the Institution of Legal Proceedings against Certain Organs of State Act, 2002.
Section 3(2)(a) of the Act provides that a notice must be served on the organ of…
This blog was drafted by John Bell, Director.
The approval of schemes of arrangement in terms of section 115 of the Companies Act, 2008 is becoming more prevalent in the field of mergers and acquisition as well as financial restructurings. They are as such receiving more scrutiny from our courts.
In a recent matter the…
This blog was co-authored by: Allison Williams, Director and Bongekile Gasa, Candidate Attorney.
The term trademark law refers to a branch of intellectual property law which differentiates between different goods and services through providers’ independent use of brand names, slogans, logos or other non-traditional mark. The term trademark can be described as a sign capable…
This blog was co-authored by Anika de Kock, Associate and Lara Thom, Candidate Attorney.
In the case of Discovery Insure Limited v Masindi, the court had to consider whether a claim “tainted with fraud” lodged by a policyholder had the effect of rendering the whole claim voidable, even the parts not tainted by fraud…
Medical Brief recently published an article written by Donald Dinnie and Rethabile Shabalala. They write that being registered as a health practitioner under the Health Professions Act of 1974 confers certain rights and privileges and corresponding to these rights and privileges are the ethical duties a health practitioner owes to individuals and society.
You can…
This blog was co-authored by Hlonela Mayosi and Heidi Davis, associate designates
A recent decision in the Constitutional Court has provided legal certainty on the application of section 193(2)(b) of the Labour Relations Act, 1995 (the LRA), which relates to reinstatement of employees as the primary remedy when a court or tribunal declares a dismissal…
This blog was co-authored by Michelle David, Director and Nomonde Sithole, Candidate Attorney
It is important for a decision-maker to hear submissions from all interested parties. Failure to do so can result in a decision being irregular on the basis that the decision-making process was defective. This principle came to the fore in the Financial…
This blog was co-authored by Shawn Barnett, Director and Hishaam Khan, Candidate Attorney
On 20 October 2021 the Supreme Court of Appeal upheld the appeal of JP Markets (Pty) Limited against an order of the High Court which placed it in liquidation. The SCA found that it was not just and equitable to place JP…
