23
Jul
2024
Deceased Estates
Insights
19
Jun
2024
New Publications
Business Rescue: A Synopsis of the Process and its Effects
The Companies Act 71 of 2008 (the Act) provides a mechanism for entities that find themselves in a precarious financial situation to re-assess their financial situation and find solutions.11
Jun
2024
Legal Cost Consulting Services
Collapse Fees and the Taxing Master's Discretion
Counsel will have reserved a day or a number of days to attend to the trial or hearing. If the matter does not proceed or continue on the days reserved, counsel will usually charge a collapse or reservation fee because he or she has reserved those days and so could not accept other briefs for that period.22
May
2024
Professional Indemnity Law
The presumption against retrospectivity: elaborating on the distinction between procedural amendments and amendments affecting legislative rights
When amendments to existing legislation come into effect, uncertainty may arise about whether these amendments apply to pending actions, applications or regulatory processes which were initiated before promulgation of the amendments.22
May
2024
Property
A buyer's guide to sectional property ownership in South Africa
When buying a sectional title, a person gains ownership of a specific segment or segments within the complex/development, together with a proportionate share of the common property.02
Apr
2024
Corporate and Commercial
Testing the Franchisor's Restraint
A restraint of trade clause usually stipulates that at the end of the contractual relationship, one of the parties may not compete with the other, usually for a specific period of time and in a specific geographical location.26
Mar
2024
Professional Indemnity Law
How Should Psychologists Respond to Requests for Access to Couple Therapy Records
When providing counselling services to a couple, record keeping and disclosure procedures may become complex.05
Mar
2024
Corporate and Commercial
WHY YOU SHOULD CONSIDER MEDIATION IN TERMS OF RULE 41(A) AS OPPOSED TO LITIGATION
By early 2024, the trial date allocations in Gauteng were for late 2027 and early 2028. At the moment, our courts are clearly over-extended.27
Feb
2024
New Publications
THE QUANTIFICATION OF A PERSONAL INJURY CLAIM FOR LOSS OF EARNINGS
Loss of earnings claims often form the larger portion of a claim against, for example, the Road Accident Fund, the MEC: Health, the Minister of Police or private medical practitioners.21
Feb
2024
New Publications
SERVICE BY ELECTRONIC MAIL
Before Covid-19, we could have driven to any attorney's office to serve documents, but this became problematic and, at times even impossible, due to the pandemic.15
Feb
2024
New Publications
Do suretyship agreements guarantee creditors their money back?
In layman's terms, a credit agreement is an undertaking by a lender to advance to a person or an entity a specific amount of money for, usually, a specified period of time, and an undertaking by the borrower to return the amount of money to the lender as agreed.06
Feb
2024
Corporate and Commercial