Evidence and onus Archives

Accessing preserved evidence: Instituting legal proceedings

by GilesFiles | Oct 16, 2020 | 2020, Access to information, Anton Piller, Applications, Cause: general, Common Law, Courts, Declaratory, Evidence and onus, Finance, Granted, High Court, High Court judges, Interdicts and rule nisi, Judges, Jurisdiction and powers, Just and equitable relief, Legal Practice, New evidence, Orders, Parties, Personal services, Private enterprises, Protection of Personal Information, Rules and practice manuals, Sectors, Topics, Uniform High Court | 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,...

Protected occupier saved: Eviction order set aside

by GilesFiles | Oct 13, 2020 | 2020, Agriculture, appeal, Appeals, Bill of Rights, Cause: statute, Common Law, Courts, Declaratory, Eviction/ejectment, Evidence and onus, Granted, Judges, Labour Relations, Legal Practice, Legislation, Orders, Orders re costs, Parties, Plascon-Evans rule, Private enterprises, punitive costs, Review tests, SCA judges, Sectors, Supreme Court of Appeal, 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,...

Penalty stipulation enforced: Moderated and reduced

by GilesFiles | Sep 10, 2020 | 2020, Cause: contractual breach, Cause: statute, Common Law, Courts, Evidence and onus, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Legal Practice, Orders, Organs of state, Parties, Personal services, Sectors, Statement of claim, 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,...

Case management directions: Postponement separation and discovery

by GilesFiles | Jul 31, 2020 | 2020, A.G. Binns-Ward, Amending pleadings, Applications, Banks, Cause: delict, Common Law, Courts, Evidence and onus, High Court, High Court judges, Judges, Legal Practice, Orders, Parties, Rules and practice manuals, Sectors, Topics | 0 |

Investec Bank Ltd v O’Shea NO High Court discussed case management directions and stressed that a ruling in terms of Uniform Rule 33(4) should be made by the judge and the legal representatives concerned only after very...

Expert evidence considered: Requirements and duties

by GilesFiles | Jul 31, 2020 | 2020, appeal, Appeals, Cause: delict, Common Law, Courts, Evidence and onus, Expert, Interpretation and application, Judges, Legal Practice, MJD Wallis, Orders, Parties, Provincial, Refused, Rules and practice manuals, SCA judges, Sectors, Supreme Court of Appeal, Topics, Uniform High Court | 0 |

A M v MEC Health, Western Cape Importantly the SCA has provided guidance and considered expert evidence and stressed that since 1963, when Rule 36(9) was changed, there have been changes in how lawyers prepare expert summaries...

Textbook evidence considered: Requirements not met

by GilesFiles | Jul 21, 2020 | 2020, appeal, Appeals, Bill of Rights, Cause: general, Common Law, ConCourt judges, Constitutional Court, Courts, erroneously granted, Evidence and onus, Evidentiary burden, Expert, Granted, Judges, Legal Practice, New evidence, Onus of proof, Orders, Parties, Sectors, Topics | 0 |

Van der Walt v State Textbook evidence considered and decided that the applicant was ambushed by the late pronouncement on the admissibility of exhibits and rejected the argument that the evidence elicited through...

Mental health illness: Depression and discrimination

by GilesFiles | Jul 21, 2020 | 2020, Acting LAC judges, appeal, Appeals, Automatically unfair - s187, Capability or capacity, Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), Duty to begin, Evidence and onus, Evidentiary burden, Granted, Ill health and illness, Insubordination, John Murphy, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Parties, Procedural issues, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, 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,...

Subpoena duces tecum: Derived from LRA s142(1)(b)

by GilesFiles | Jul 15, 2020 | 2020, Acting LAC judges, appeal, Appeals, Bargaining councils, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Judges, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Parties, Protection of Personal Information, Refused, Review tests, Rules and practice manuals, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Totality | 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,...

Implied retrospective effect: Back-pay included?

by GilesFiles | Jul 7, 2020 | appeal, Appeals, Competition Appeal Court, Courts, Evidence and onus, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Refused, Sectors, Statement of claim, Statutes (LRL 2) - work law, Topics, Trade, Trade unions | 0 |

Saccawu v Massmart Holdings Ltd Implied retrospective effect not acceptable as a legal principle based on the authority of the Constitutional Court that if employees are reinstated they resume employment on the same terms and...

Unprotected strikers dismissed: Valid and fair reason

by GilesFiles | May 22, 2020 | 2020, appeal, Appeals, Appointed LAC judges, Courts, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Government, Granted, Holistic evaluation, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Municipal, Orders, Parties, Sectors, Statutes (LRL 2) - work law, Strike related, Termination & dismissal (LRL 8), 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,...

Enforcing restraint provisions: Document not signed

by GilesFiles | May 18, 2020 | 2020, appeal, Appeals, Applications, Appointed LAC judges, BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Common Law, Courts, Dennis Davis, Evidence and onus, Exceptions/special pleas, Factual disputes, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Plascon-Evans rule, Refused, Refused, Sectors, Special pleas, 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,...

Safety rules breached: Lawful instruction disobeyed

by GilesFiles | May 18, 2020 | 2020, appeal, Appeals, Appointed LAC judges, Awards -s145, Clear and convincing, Conduct or capacity, Courts, Dennis Davis, Dispute Resolution (LRL 3), Evidence and onus, Granted, Gross misconduct, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Parties, Performance related, Private enterprises, Review tests, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, 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,...

Category: Evidence and onus