LITIGATION ARTICLES
Defamation and character assassination
BECKER V BRITS [2022] ZAWCHC 44 The plaintiff was a very successful farmer who had farmed in his area for over 20 years and was
Dealing with a vexatious litigant?
By Sharusha Moodley, director, Bregman Moodley Inc Attorneys A party to a litigation process may relentlessly launch various legal proceedings against another party currently involved
Enforcing settlement agreements by an order of court
When can you ask the court to make a settlement agreement an order of court? In Avnet South Africa (Pty) Limited v Lesira Manufacturing (Pty)
Failure to communicate the decision to treat a contract as at an end to repudiating party
Dave Pretorius v Kenneth Bedwell (659/2020) [2022] ZASCA The parties were brothers-in-law. Bedwell owned a property in Oyster Bay in the Eastern Cape. He needed
Enforceability of a prenuptial executory donation
DB v CB 2021 JDR 0896 (GP) 2021 JDR 0896 (GP) Marriage — Divorce — Proprietary consequences — Marriage out of community of property —
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