Category: Personal services

Prescription of maintenance orders: Judgment debt 30 years

SRA v JHA In considering the prescription of maintenance orders a majority of the SCA decided that section 24(1) of the Maintenance Act provides “that a maintenance order shall have the effect of an order or direction of...

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Unprotected personal information: Expression and privacy

Smuts v Botha The issue concerned unprotected personal information and SCA allowed the appeal and decided that personal information was in the public domain before the posts were published and ownership of the farm was a matter...

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Breaching restraint confidentiality: Anton Piller

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Pure economic loss: Legal Practice Council liability?

Legal Practice Council v Louw In considering a claim for pure economic loss the high court decided that on the issue of wrongfulness there were no public or legal policy considerations that dictated that the Legal Practice...

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Twiddling thumbs decried: LPC ordered to report

Legal Practice Council v Van Wyk Twiddling thumbs by LPC decried by high court which stated at “70. As a result, it has unfortunately become necessary for the Court, in the exercise of its powers in matter such as these to...

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Discovering restraint documents: Uniform Rule 35 notice

Baard v Allem On appeal a full bench of the high court considered an issue relating to discovering documents concerning a trade restraint and decided that there was no basis to interfere with the discretion exercised by the...

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Protecting indigenous languages: Unjustified limitation (2)?

Chairperson of the Council of UNISA v AfriForum NPC Constitutional Court was concerned with protecting indigenous languages and a fundamental right in section 29(2) of the Constitution and a trilogy of cases on the policy of...

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Protecting indigenous languages: Unjustified limitation(1)?

Chairperson of the Council of UNISA v AfriForum NPC Constitutional Court was concerned with protecting indigenous languages and a fundamental right in section 29(2) of the Constitution and a trilogy of cases on the policy of...

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Perusing legal documents: Taxing fees of attorneys

Strauss Daly v MEC: Health KwaZulu-Natal Taxation of bill for perusing legal documents and high court pointed out that irrespective of whether a ten-hour day is correct or not, it is irrefutable that the plaintiff contends that...

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Varying arbitration award: Giving effect to true meaning

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Medical certificate disputed: Absence without leave

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Advocate fees liability: Attorney must pay fees

Solomon SC v Junkeeparsad Regarding liability for advocates fees the high court confirmed that the attorney may legally be sued personally and a judgment can legally be entered against him because he instructed counsel as...

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