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The role of expert evidence in a trial

This blog was co-authored by: Nomonde Sithole, Trainee Associate and Julian Scholtz, Candidate Attorney The opinions drawn by expert witnesses do not replace the task of civil courts to determine the issues in dispute on the balance of probabilities, and only serve as guidance for courts in determining the issues.  This was highlighted in an … Continue reading

The effect of stalled land claims on rural economic development

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 and 27 … Continue reading

The once and for all rule: a practical lesson

The once and for all rule provides that in claims for compensation or satisfaction arising out of a delict, breach of contract or other cause, the plaintiff must claim damages once for all damage allegedly sustained or expected insofar as it is based on a single cause of action. The law requires a party with … Continue reading

More about the duty to mitigate loss (Australia)

“The purpose of the principle that a party injured by the wrong of another must mitigate the Damage is to ensure that damages do not over-compensate for the wrong, not to empower the wrongdoer to frustrate a claim for reasonable compensation.  Therefore, the onus of establishing that the injured party has not mitigated their loss … Continue reading

Pending Covid-19 cases (UK)

There are still a number of pending Covid-19 policy interpretation cases being dealt with by the courts in England in the coming months. Stonegate v MS Amlin, Various eateries v Allianz and Gregg’s v Zurich all grapple with the issue of aggregation. Stonegate and the other claimants for example argue that their business interruption insuring … Continue reading

About the duty to mitigate loss (UK)

“Where the sufferer from a breach of contract finds himself, in consequence of that breach placed in a position of embarrassment, the measures which he may be driven to adopt in order to extract himself ought not to be weighed in nice scales at the instance of the party whose breach of contract has occasioned … Continue reading

Some certainty in public procurement

State procurement has been in a state of flux over the last three years following a number of developments in the enforceability of the legal framework.  State procurement is regulated in terms of the Preferential Procurement Policy Framework Act, 2000 (PPPFA).  Since coming into effect on 20 January 2017, the Preferential Procurement Regulations, 2017 have … Continue reading

Give the board an alternative

This blog was co-authored by: Zinhle Mdluli, associate designate Section 75 of the Companies Act states that if a director has a personal financial interest in a matter that has been tabled at a board meeting, that director has a duty to disclose their interest and any known material information relating to the matter and … Continue reading

The power of trustees to invest where profits and principles conflict

This blog was co-authored by Bwanika Lwanga, Candidate Attorney The English judgment of Butler-Sloss & Ors v The Charity Commission for England and Wales & Anor [2022] EWHC 974 (Ch), considered the question of whether the trustees of two charitable trusts could adopt investment policies that exclude profitable potential investments on the basis that the … Continue reading

US Court allows regulator to proceed with “shadow trading” claim as insider trading

A San Francisco Court held that an executive may be held liable for “shadow trading” namely trading in securities of a similarly situated competitor’s shares while in possession of insider information about his own company.  The defendant was a senior director of business development at a pharmaceutical company bound by the company’s insider trading policy.  … Continue reading

Damages for data breach require actual harm (US)

A New York Court dismissed the claim by two former employees against their professional services firm based on an alleged failure to protect their personal information in a data breach. The court held that a claimant for damages in these circumstances must prove actual harm.  The employees’ had only speculated as to whether they might … Continue reading

Claim dismissed for failure to give notice to the State

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 state … Continue reading

Search and Seizure powers of the Independent Regulatory Board for Auditors

High profile corporate collapses and judicial commissions of enquiry have shone the spotlight on the possible role of auditors in these matters.  In what can be considered a step by the Independent Regulatory Board for Auditors (IRBA) to strengthen its ability to investigate such allegations, it published its new disciplinary rules effective from 01 April … Continue reading

Blog: Covid-19 Vaccine injury no-fault compensation scheme

This no-fault compensation scheme previously discussed here, has now amended regulations and directions published on the 4th April 2022, available here. The purpose of the Scheme is to provide expeditious and easy access to compensation for persons who suffer from a Covid-19 Vaccine Injury caused by the administration of an improved Covid-19 vaccine. Injuries covered … Continue reading

PAJA applies to regulations made by a Minister

The Supreme Court of Appeal has reaffirmed that the making of regulations by a Minister acting in terms of a statute constitutes administrative action within the meaning of the Promotion of Administrative Justice Act, 2000.  This means that such regulations can be challenged if they are outside the powers of the Minister under the enabling … Continue reading

Retention of records in South Africa

This blog was co-authored by: Preshanta Poonan, associate designate. South African businesses are required by law to retain a multitude of records depending on the relevant legislation and the industry or business. Since South Africa’s Protection of Personal Information Act, 2013 (POPIA) enactment, there has been much uncertainty surrounding retaining information in South Africa. POPIA … Continue reading

A brief guide to ESG

This blog was co-authored by: Bongubuhle Sibanda, candidate attorney There has been a global trend encouraging the integration of environmental, social and governance issues to be part of the business strategy and reporting practices of companies. While the concept of ESG is broad, the component parts of ESG can be broken down as follows – … Continue reading