News & Insights
To Defend or Not to Defend
Defending court actions are expensive for several reasons. Depending on the forum in which the action is instituted, the costs of defending claims can easily run into hundreds of thousands of Rands. Careful consideration should, therefore, be given to the costs of litigation prior to defending claims. Early Assessment of the Merits of the Claim […]
April 21 2021
Who Will Foot the Bill for COVID-19 Vaccine Complications?
The wait is finally over! South Africa’s vaccination roll-out plan is expected to go into overdrive shortly. However, in recent weeks it has been widely reported in the media that people have experienced severe side-effects, ranging from allergic reactions to blood clots, after receiving Covid-19 vaccines. Legal Position Elsewhere But who is to blame if […]
April 20 2021
Women married under Customary law finally have equal rights during divorce
CAPE TOWN – Women married under customary law will soon have equal rights to marital assets should they divorce. Their children will also have increased rights to inheritance. These are two major amendments made to the Customary Marriages Act passed by Parliament last month. Up until now, women married under customary law before 1998, had […]
April 19 2021
Trade Mark Infringement
A trade mark is an asset and will, through use over a period, accrue a value which will be taken into consideration in the event of a sale of a business and/or transfer of ownership. One can secure the registration of a trade mark, if it meets the registrability criteria in that it can distinguish […]
April 16 2021
Trade Secret Protection
Trade secrets are valuable, confidential intellectual property known only by a limited number of persons. A trade secret can be anything from a formula, to a recipe, that gives a company a competitive advantage. The unauthorised disclosure of this confidential information constitutes a violation of the trade secret, and legal action can be taken against this. […]
April 16 2021
What Does the Law Say About Bullying?
Bullying is not a novel phenomenon. Many people, worldwide, have experienced bullying in one way or the other – sometimes without even taking cognisant that they are being bullied. It comes in several forms, some more severe than others. As times change, forms of bullying also “adapt” and change form. The drivers of bullying, the […]
April 16 2021
Update on Sperm Donor's Battle to See "His Child"
Women are increasingly using sperm donors to get pregnant, either because they are in a same-sex relationship or because they are single but yearn to be a mother. The burning question that’s increasingly being posed, is whether the men whose sperm is used are dads or merely donors. It is this question being grappled with […]
April 15 2021
Sperm Donor’s Battle to See “His Child”
In May 2015, a Gauteng man donated sperm to a same sex couple in terms of a sperm donor agreement. In terms of the agreement, the man agreed that he would neither make contact with, nor would he be entitled to any rights to the child to be born from the donation. The fertilization was […]
April 09 2021
Protecting your trade mark treasure in China
In March 2021, the China National Intellectual Property Administration (CNIPA) proposed a plan to address trade mark piracy or squatting in China. According to the CNIPA, the plan is intended to promote IP rights and foster an environment that lends itself to innovation and business by combatting, amongst other things, the malicious registration of trade […]
April 08 2021
Eat Your Way to Beautiful?
A shake and protein bar that will reduce wrinkles in 28 days, improve my skin’s elasticity, firmness and hydration, improve my nail strength, reduce the appearance of cellulite and assist in weight management – sign me up! These were some of the claims being made by Future Life in respect of its BEAUTI FOOD nutritional […]
April 06 2021
Types of Personal Injury Cases That Need A Lawyer
A personal injury lawyer assists individuals who need to be compensated for injury or damages caused by the hands of another. Injuries or damage can apply to bodily and financial harm, as well as property, rights, or reputation. These legal services are vital for those who present claims which assert that they have been injured […]
April 06 2021
Road Accident Fund Lawyer: When Do I Need One?
It is not mandatory for an individual to appoint a road accident fund lawyer, however, it is advisable to seek out the guidance of one. Adams and Adams RAF attorneys have seen, and been involved, in many cases where the road accident fund (RAF) either under-settles matters and provides unjust and inequitable compensation, or they […]
March 29 2021
A Giant Leap Ahead for Women’s Rights
“Human rights are women’s rights, and women’s rights are human rights” The cabinet has approved the submission of the recognition of Customary Marriages amendment bill of 2019 to Parliament. Section 7(1) and (2) of the recognition of Customary Marriages Act 1998 discriminated unfairly against woman in customary marriages but was declared constitutionally invalid, and has […]
March 28 2021
The Current Implementation of Vaccine Roll Out Is Probably Unlawful & Unconstitutional
When the vaccine roll out plan was announced, it was warmly welcomed by many as it seemed logical and sagacious. Although there was a loud cry prior to the first batch arriving that the government has been slow in acquisition of the vaccine, it was nonetheless welcomed and seen as a giant step in an […]
March 24 2021
Mandatory COVID -19 Immunisation in the Workplace: It’s Not That Straight Forward
Many employers have placed their hopes of a return to the pre Covid-19 workplace on the development of a Covid 19 vaccine. South Africa is in the process of acquiring and rolling out vaccines, however, it seems that although people are encouraged to be immunized, no one will, at this stage, be legally required to […]
March 22 2021
Is it time to broaden the traditional concept that directors owe a duty to the company only?
There is an interdependency between companies and South African society, which mirrors the African concept of Botho, otherwise known as Ubuntu, which translates to “I am because you are; you are because we are.” Companies are an integral part of South African society, and vice versa. However, a company is dependent on the broader South […]
March 18 2021
Does Business Rescue Effectively Provide for Efficient Rescue and Recovery of Financially Distressed Companies?
An Assessment of Whether Business Rescue Effectively Provides for the Efficient Rescue and Recovery of Financially Distressed Companies in a Manner That Balances the Rights and Interests of All Relevant Stakeholders While the full impact of the COVID-19 pandemic on the South African economy will likely only truly be felt once the world has completely […]
March 18 2021
Adams & Adams welcomes first female chairperson and further members of the management committee
As we commemorated International Women’s Day on 8 March celebrating the social, economic and cultural achievements of women, Adams & Adams is pleased to announce that Kelly Thompson has been named as the first female chairperson of the firm in its 113-year history. Thompson, an experienced trade mark litigation attorney, is one of 28 women […]
March 09 2021