SERVICE BY ELECTRONIC MAIL
Tuesday, February 13, 2024
We have endured lockdowns at various levels during the Covid-19 pandemic, which have limited the movements of citizens throughout the world, including South Africans. We had to change the way in which we, as attorneys, practised and find alternative ways of ensuring that we could continue to practise our profession without undue disturbance. This included holding virtual consultations, pre-trial conferences and trials, as well as the electronic services of documents.
Do suretyship agreements guarantee creditors their money back?
Thursday, February 8, 2024
To attain certain goals and opportunities, people or businesses frequently require direct funding through credit. This need is met by credit agreements ranging from, but not limited to, loan and overdraft agreements.
Corporate and Commercial
The Urgent Nature of Review Applications in the Labour Court: Consequences of Non-Compliance with Prescribed Time Periods
Tuesday, February 6, 2024
The Labour Court plays a crucial role in handling review applications, particularly emphasising the urgency of these matters. This urgency is underscored by the strict adherence to prescribed time periods outlined in the Practice Manual. Non-compliance with these timelines can have significant consequences for both the party launching the application and the responding party. This article explores the implications of not adhering to prescribed time periods and the ensuing consequences.
Corporate and Commercial
A Creditor's Burden of Proof Under Section 29 of the Insolvency Act
Tuesday, January 30, 2024
The Insolvency Act 24 of 1936 ("The Act") aims to regulate the law relating to insolvent persons and partnerships and to provide rules on the sequestration process of such individuals and entities. (It does not regulate such proceedings when they relate to body corporates, companies or other association of persons which may be placed in liquidation.)
Professional Indemnity Law
MAY A PATIENT RECORD A CONSULTATION WITH THEIR DOCTOR?
Tuesday, January 23, 2024
A medical practitioner ("Dr A") was recently faced with a dilemma when she discovered that a patient had recorded a consultation. The practitioner was taken aback by the patient's actions and queried whether the recording of a consultation was permissible in terms of South African law.
ACCEPTANCE BY THE COURTS OF DELIVERY OF S129 NOTICES BY WAY OF REGISTERED DIGITAL COMMUNICATION
Tuesday, October 24, 2023
The South African courts have been stringent over the years on how the application of the National Credit Act is utilised so as to protect the rights of consumers against creditors, particularly in the manner in which processes and notices are delivered to consumers.
Limitation on Freedom of Testation
Tuesday, October 17, 2023
Freedom of testation is considered to be one of the founding principles of the South African law of testate succession
WILLS AND DISSOLUTION: THE DISINHERITANCE OF THE SURVIVING SPOUSE
Tuesday, September 12, 2023
It is likely that a testator would not wish for a former spouse to inherit their accumulated wealth and worldly possessions once they have divorced.
Legal Cost Consulting Services
DOES THE TAXING MASTER HAVE A DISCRETION IN ALL CIRCUMSTANCES?
Thursday, August 31, 2023
There seems to be much confusion these days regarding judicial discretion and the Taxing Master's discretion.