Category: Rules and practice manuals

Accessing preserved evidence: Instituting legal proceedings

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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Balancing competing interests: Compensate not reinstate

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Assessing urgent applications: Compliance with rules?

Rokwil Civils (Pty) Ltd v Le Sueur NO High Court had regard to various factors and case law in assessing urgent applications and decided that applicant had failed to discharge the onus of proving that non-compliance with the...

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Enforcing contractual obligations: Preventing future breaches?

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Case management directions: Postponement separation and discovery

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...

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Expert evidence considered: Requirements and duties

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...

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Rule 11 application: Compliance with Rules

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

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Support staff excluded: Beyond Council’s jurisdiction

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Strike ballot requirement: Strike not unprotected

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Establishing court jurisdiction: Registered office or principal place?

Mfwethu Investments CC v Citiq Meter Solutions (Pty) Ltd Establishing court jurisdiction requires proof that registered office falls within area after gathering information registered with the CIPC, rather than trying to prove...

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