Personal services Archives

Prescription of maintenance orders: Judgment debt 30 years

by GilesFiles | Jan 21, 2022 | 2020 +, appeal, Appeals, Cause: statute, Common Law, Courts, Declaratory, Exceptions/special pleas, Interpretation and application, Judges, Legal Practice, Legislation, Orders, Parties, Personal services, prescription, Private enterprises, Refused, Roman Dutch law principles, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

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...

Unprotected personal information: Expression and privacy

by GilesFiles | Jan 10, 2022 | 2020 +, appeal, Appeals, Bill of Rights, Cause: delict, Common Law, Courts, Dignity equality freedom, Evidence and onus, Exceptions/special pleas, Granted, Holistic evaluation, Interpretation and application, Judges, Legal Practice, Orders, Orders re costs, Parties, Personal services, Private enterprises, Protection of Personal Information, Roman Dutch law principles, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

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...

Breaching restraint confidentiality: Anton Piller

by GilesFiles | Nov 29, 2021 | 2020 +, Anton Piller, Applications, Attorney client scale, Cause: contractual breach, Cause: delict, Common Law, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, High Court, High Court judges, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Manufacturing, Orders, Orders re costs, Parties, Personal services, Private enterprises, Refused, Rules, Sectors, Special pleas, Topics, Trade | 0 |

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,...

Pure economic loss: Legal Practice Council liability?

by GilesFiles | Nov 26, 2021 | 2020 +, Applications, Associations & corporate bodies, Cause: delict, Common Law, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, High Court, High Court judges, Holistic evaluation, Interpretation and application, Judges, Legal Practice, Legal practitioners, Legislation, Orders, Orders re costs, Parties, Personal services, Roman Dutch law principles, Sectors, Special pleas, Topics | 0 |

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...

Twiddling thumbs decried: LPC ordered to report

by GilesFiles | Nov 4, 2021 | 2020 +, Associations & corporate bodies, Cause: statute, Common Law, Courts, High Court, High Court judges, Judges, Legal Practice, Legal practitioners, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, Personal services, Review tests, Rules, Sectors, Termination & dismissal (LRL 8), Topics | 0 |

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...

Discovering restraint documents: Uniform Rule 35 notice

by GilesFiles | Oct 14, 2021 | 2020 +, appeal, Appeals, Applications, Cause: statute, Common Law, Condonation, Courts, Declaratory, Evidence and onus, Granted, High Court, High Court judges, Interpretation and application, Judges, leave to appeal, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Refused, Rules, Sectors, Topics, Uniform High Court | 0 |

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...

Protecting indigenous languages: Unjustified limitation (2)?

by GilesFiles | Sep 22, 2021 | 2020 +, appeal, Appeals, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Declaratory, Dignity equality freedom, Evidence and onus, Exceptions/special pleas, Expert, Holistic evaluation, Interpretation and application, Judges, Jurisdiction and powers, leave to appeal, Legal Practice, Legality principle, Legislation, Orders, Orders re costs, Organs of state, Parties, Personal services, Plascon-Evans rule, Refused, Review tests, Roman Dutch law principles, Rules, Sectors, Special pleas, Thought Leaders, Topics, Uniform High Court, Universities and schools | 0 |

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...

Protecting indigenous languages: Unjustified limitation(1)?

by GilesFiles | Sep 22, 2021 | 2020 +, appeal, Appeals, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Declaratory, Dignity equality freedom, Evidence and onus, Exceptions/special pleas, Expert, Holistic evaluation, Interpretation and application, Judges, Jurisdiction and powers, leave to appeal, Legal Practice, Legality principle, Legislation, Orders, Orders re costs, Organs of state, Parties, Personal services, Plascon-Evans rule, Refused, Review tests, Roman Dutch law principles, Rules, Sectors, Special pleas, Thought Leaders, Topics, Uniform High Court, Universities and schools | 0 |

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...

Perusing legal documents: Taxing fees of attorneys

by GilesFiles | Sep 17, 2021 | 2020 +, Applications, Cause: contractual breach, Common Law, Common law review, Courts, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legal practitioners, Legislation, Orders, Parties, Personal services, Review tests, Roman Dutch law principles, Rules, Sectors, Topics, Uniform High Court | 0 |

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...

Varying arbitration award: Giving effect to true meaning

by GilesFiles | Sep 10, 2021 | 2020 +, Applications, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Objective or correct, Orders, Orders re costs, Parties, Personal services, Private enterprises, Review tests, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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,...

Medical certificate disputed: Absence without leave

by GilesFiles | Sep 8, 2021 | 2020 +, Acting LC judges, Awards -s145, Capacity, Circumstantial, Courts, Dismissal generally, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Hearsay, Holistic evaluation, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Not awarded, Onus of proof, Orders, Orders re costs, Parties, Personal services, Private enterprises, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Totality, Trust and confidence, Valid reason and fair reason | 0 |

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,...

Advocate fees liability: Attorney must pay fees

by GilesFiles | Sep 2, 2021 | 2020 +, Applications, Cause: contractual breach, Cause: general, Common Law, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, Factual disputes, High Court, High Court judges, Interpretation and application, Judges, Legal Practice, Legal practitioners, Orders, Orders re costs, Parties, Personal services, Roman Dutch law principles, Rules, Sectors, Special pleas, Statement of claim, Topics, Uniform High Court | 0 |

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...

Category: Personal services