LITIGATION ARTICLES
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Interdicting the Media – A Losing Strategy
When faced with the prospect of being implicated in a story by an investigative journalist, many influential business people instruct their lawyers to urgently apply
The Prescription Act and Judgment Debt – Good News for Creditors, Bad News for Sureties
A judgment against a surety prescribes only after 30 years The Prescription Act and Judgment Debt – Good News for Creditors, Bad News for Sureties
Shareholder, Know Your Rights
Letseng Diamonds was a shareholder in JCI Ltd. It tried, unsuccessfully to set aside an agreement concluded between JCI Ltd and Investec Bank Ltd. Shareholder,
AFSA Dispute Resolution Clause
To avoid having to go to court in the event of a dispute, contracts with your suppliers, etc, should contain a deadlock clause AFSA Dispute
Piercing the corporate veil
Both the Close Corporations Act and the Companies Act have similar provisions that grant a court power to attach personal liability for the debts of
The binding effect of marriages in community of property
Can one party in a marriage in community of property bind the joint estate without the consent of the other party to the marriage? In
New court judgment affects commercial and residential properties
Landlords should carefully check their mortgage agreements on both commercial and residential properties. If they contain a cession of rentals they need to obtain the
Duty to Mediate
There is a duty on parties to a dispute to attempt to mediate the dispute and an obligation on opposing attorneys to encourage mediation, before
Court cannot order return of son from China, says judge
As China is not a signatory to The Hague Convention on International Child Abduction, it is not bound by procedures to expedite child custody cases
Personal liability as a member of a deregistered CC
A recent decision confirmed that members of a Close Corporation will be personally liable for the debts of the CC that remain unpaid at the
What is Emancipation?
A child becomes a major in the eyes of our law when he or she turns 18. When can a minor (a child under 18)
A trustee’s authority to act on behalf of a trust
A trustee’s authority to act on behalf of a trust The trustee who signs a sale agreement must be authorised to sign on behalf of