LITIGATION ARTICLES
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Can I claim the costs of hiring a car, after an accident that was not my fault?
Q Regarding a recent motor vehicle accident, my vehicle has sustained a considerable amount of damage, in an accident caused (and admitted to) by a
When it is lawful for a HOA to restrict an owner’s rights to water and electricity?
This issue was considered in Van Rooyen v Hillandale Homeowners Association. In an application based on the mandament van spolie, the main issue to be
Domain names and ADR
In the Government Gazette, published in December 2015, the Minister of Telecommunications and Postal Services introduced an amendment to the Alternative Dispute Resolution (ADR) Regulations.
Restraint Of Trade – Establishing A Protectable Proprietary Interest
In Super Group Trading (Pty) Ltd v Naidoo and another, the court enunciated the criteria for enforcing a restraint, namely whether: • there was a
When Should A Judge Recuse Himself?
Source Lexis Nexis This question arose in a decision heard in the High Court of Harare (that applies SA law) in the cae of Mangenje
The validity of a secret tape recording
Can I record a telephone discussion, without informing the person I’m speaking to? The relevant Act that applies in this instance is the Regulation of Interception
Restraint of Trade Agreements – When can they be enforced?
Source: Lara Chidrawi, consultant: lara@bmalaw.co.za Restraint of Trade Agreements are valid until shown to be against public policy and therefore unreasonable and unenforceable. The employee
Take caution before posting: social media and defamation
Facebook, Twitter, LinkedIn and Google+ have become the most effective and immediate way of conveying information. There are, however, some pitfalls that come with being
Can a defendant ask a plaintiff company to put up security?
Until the arrival of the Companies Act 71 of 2008 (the Act) a defendant could have asked an incorporated company as plaintiff in litigation, to
Is an unregistered marriage contract binding on the parties?
In a recent case heard in the High Court of KwaZulu-Natal, (KS v MS [2015] JOL 33262 (KZD)), in a divorce action between the parties, two issues were
Can I claim for damages if I slipped and broke my ankle?
What is the test for negligence? In the case of Klassen v Blue Lagoon Hotel and Conference Centre the court had to decide if a
RH v DE Adultery no longer actionable
“In the light of the changing mores of our society, the delictual action based on adultery of the innocent spouse has become outdated and can