LITIGATION ARTICLES
The Registered Office of a Company
Change the registered office of your company! As a result of recent High Court decision, it will no longer be possible for a company to
Boilerplate arbitration clauses
Does your clause cover what you want it to cover? In the case of North East Finance (Pty) Ltd vs Standard Bank of South Africa
Contracts in restraint of trade – the law
An agreement in restraint of trade is prima facie enforceable. The onus rests in the party seeking to avoid a restraint clause to prove that
Naming and Shaming on social media
Beware of publishing a post on Facebook or Twitter and other social media platforms, listing the name of a person (or company) that has committed
What is the legal effect of sending an SMS, instead of a letter, fax or email, to give notice or enforce a contract?
A colleague of mine, Andrew Marshall, of Dingley Marshall Attorneys, wrote this most interesting article: http://www.dingleymarshall.co.za/notice-sms-law/, which he’s happy for me to share. A “data
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