LITIGATION ARTICLES
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When a buyer can claim damages for a leaking roof
A client asked: I recently bought a house and on taking occupation I noticed that there was a bad leak in the roof that the
More about legal costs
A client asked, “If I win my case will I get back all the fees I paid you?” Types of legal costs There are three
Defamation – don’t rush into suing
Someone has posted a defamatory statement about you in a WhatsApp group or a Facebook post. You feel understandably upset and want urgently to right
Electronic Signatures and Emails
In Spring Forest Trading 599 CC v Wilberry (Pty) Ltd T/A Ecowash and Another , the Supreme Court of Appeal (SCA) ruled that the parties
Security for costs Article re individuals
Under what circumstances can a Defendant approach a court for an order for security for costs? By Dean Brainin, candidate attorney. Supervised by Roy Bregman.
Security for Costs Article – Companies
Under what circumstances can a Defendant request a Plaintiff Company or Close Corporation to furnish security for costs? By Dean Brainin (Candidate Attorney) and Roy
Restraints of Trade
What is a contract in restraint of trade? No legislation or regulation gives an employer a right to this type of protection, and any restraint
Spillage Cases
Slip and fall A client asked if she could sue the supermarket when she slipped on a wet floor and injured herself. Our case law
Dog bites – what defences can an owner raise?
In Van Meyeren v Cloete (636/2019) [2020] ZASCA 100 (11 September 2020) the Supreme Court of Appeal (SCA) had to consider the rights and responsibilities
The National Credit Act and Reckless Lending.
The National Credit Act and Reckless Lending Click here to see the case analysis of the recent judgment of Chaity Investments CC v Schoombie The
Can a court hear evidence via video conferencing?
In the matter of MK and TRANSNET LTD t/a PORTNET, heard by the Kwazulu-Natal Local Division of the High Court under case number A105/2004, Mbatha