Expert Archives | GilesFiles

Expert evidence considered: Requirements and duties

by GilesFiles | Jul 31, 2020 | 2020, appeal, Appeals, Cause: delict, Common Law, Courts, Evidence and onus, Expert, Government - provincial, Interpretation and application, Judges, Legal Practice, MJD Wallis, Orders, Parties, 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, M Madlanga, 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...

Restoring land rights: Community not proved

by GilesFiles | Mar 16, 2020 | Agriculture, Applications, Biowatch principle, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, Expert, Government - central, Judges, Jurisdiction and powers, Land Claims Court, Land Claims Court Judges, Legal Practice, Legislation, Orders, Orders re costs, Parties, Private enterprises, punitive costs, Rules and practice manuals, Sectors, Special pleas, Topics, YS Meer | 0 |

Luhlwini Mchunu Community v Hancock Restoring land rights confined by law to persons who are a community or part of a community dispossessed of a right in land after 19 June 1913 as a result of past racially discriminatory laws...

Fairness factors evaluated: Remorse with long service

by GilesFiles | Feb 12, 2018 | Cause: contractual breach, CCMA awards, Common Law, Courts, Dispute Resolution (LRL 3), Evidence and onus, Expert, Labour Relations, Parties, Protection of Personal Information, Review tests, Sectors, Sidumo - reasonableness, Termination & dismissal (LRL 8), Topics, Trust and confidence, Universities and schools, Valid reason and fair reason, Without forfeiting rights | 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,...

Impossible for hostages to render services

by GilesFiles | Dec 6, 2016 | 2016, Common Law, Courts, Evidence and onus, Expert, Impossibility of performance, Judges, Legal Practice, MML Maya, Supreme Court of Appeal | 0 |

The SCA allowed the appeal and held that contracts of employment are not special. They are subject to the ordinary principles of frustration of contracts. Courts dealing with contracts of employment are not entitled to...

Conflicting expert evidence: Evaluation discussed

by GilesFiles | Mar 16, 2015 | 2015, Common Law, Courts, DH Zondi, Evidence and onus, Expert, Judges, Legal Practice, SCA judges, Supreme Court of Appeal, Topics | 0 |

Roman’s Transport v Zihlwele (13/2014) [2015] ZASCA 13 (16 March 2015) per Zondi JA [Cachalia and Shongwe JJA, Fourie and Meyer AJJA concurring] On appeal from: Eastern Cape Local Division, Mthatha (Dawood J sitting as court of...

Expert witness opinions: Some guide lines

by GilesFiles | Mar 4, 2015 | 2015, 2015 and earlier, Cause: contractual breach, Common Law, Courts, Evidence and onus, Expert, Judges, Landmark judgments, Legal Practice, MJD Wallis, SCA judges, Supreme Court of Appeal, Topics | 0 |

PriceWaterhouseCoopers Inc v National Potato Co-operative Ltd (451/12) [2015] ZASCA 2 (4 March 2015) SCA summary: Auditor – relationship with client contractual – duties – whether audit conducted negligently – damages –...

Polygraph test: Expert evidence required

by GilesFiles | May 13, 2014 | 2014 and earlier, Appointed LAC judges, Conduct or capacity, Courts, Evidence and onus, Expert, Judges, Labour Appeal Court, LAC judges, Legal Practice, Review tests, Roland Sutherland, Valid reason and fair reason | 1 |

DHL Supply Chain (Pty) Ltd v NBCRFI (DA4/2013) [2014] ZALAC 15; [2014] 9 BLLR 860; (2014) 35 ILJ 2379 (LAC) (13 May 2014) per Sutherland AJA [Ndlovu JA and Molemela AJA concurring] Appeal disallowed with costs. LAC Summary:...

Expert witnesses explained: Qualifying fees

by GilesFiles | Jun 14, 2013 | 2014 and earlier, Common Law, ConCourt judges, Constitutional Court, Courts, Evidence and onus, Expert, Judges, Legal Practice, Topics | 0 |

It is appropriate to award qualifying fees when qualified expert witnesses assist the Constitutional Court. Today the Constitutional Court refused to vary a costs order granted in Glenister v President of the Republic of South...

Category: Expert