Tag archives: Notice

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

ISDA email notice ineffective

The English High Court has held that a bank had not validly exercised its contractual right to extend the term of a 5 year interest rate collar transaction, because its email notice was not due notice to the company. The collar was documented on the terms of a 1992 ISDA Master Agreement (Multi Currency – … Continue reading

Debt review and the National Credit Act

A credit provider is entitled to enforce a loan that is subject to a debt-restructuring order without notice to the debtor once that order has been breached. This was confirmed by the Constitutional Court in Ferris v FirstRand Bank Limited.  Mr and Mrs Ferris were unable to repay their home loan to FirstRand Bank Limited, … Continue reading