Category: Attorney client scale

Unlawful contractual repudiation: Indefinite term binding

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Disciplinary process outlined: Three-stage inquiry explained

SA Legal Practice Council v REC Full bench of the high court outlined the sui generis nature of the disciplinary process and stressed that when considering whether an attorney ought to be removed from the roll or suspended from...

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Setting aside sale: Execution and condonation refused

Huysamen v Absa Bank Ltd Setting aside sale of property in execution not permitted when delay is caused by attorney and it is unacceptable for attorneys to rely on inexperience in conducting appeals because the appeal notice...

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Internal disciplinary enquiries: Reluctance to intervene

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Intolerable continued employment: Queen bee syndrome

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Punitive costs considered: Right to be heard

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Adjudication before arbitration: Reviewing incomplete proceedings

Ekurhuleni West College v Segal (Trencon Construction) Adjudication before arbitration is a speedy method of resolving disputes in the building and construction industry and what was formally known as ‘mediation’ is...

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Reinstatement order considered: Non-existent post

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Leave sought twice: Res judicata and refused

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Executive power exercised: Reinstatement refused

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Material contractual breach: Abandoning disciplinary procedure?

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Personal indemnity exceeded: Bad faith accepted

Public Protector v SA Reserve Bank Personal indemnity exceeded and Constitutional Court confirmed that the Public Protector acted in bad faith and held that in any event, the ambit of the immunity afforded under section 5(3) is...

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