Rule 23 of the Uniform Rules of Court enables a litigant, within the time-period afforded of course, to deliver an exception in response to a pleading. An exception can be filed when a pleading is considered vague and embarrassing; or if it lacks averments which are...
Litigation
LEGAL DUTY OF CARE OWED BY TAVERNS TO CUSTOMERS
Most taverns are notoriously known for their unsafety and violent activities. Serious assaults, bar fights, and sometimes deaths are not necessarily unheard of in taverns. Most societies have come to accept such occurrences at taverns. As a consequence of this...
To Substitute, or Not to Substitute: When will the court grant a substitution order?
The South African courts have seen a rise in litigation dealing with substitution orders, within the area of public procurement law, since the seminal Constitutional Court judgement of Trencon Construction (Pty) Limited v Industrial Development Corporation of South...
THE LAUNCH OF THE LEGAL SERVICES OMBUD IN SOUTH AFRICA
Most South Africans are not aware of the different platforms available to them in situations when they are aggrieved by the conduct of a legal practitioner. Some of these platforms are more expensive than others, depending on various factors which differ from case to...
LITIGATION: HOW LAWS OF EVIDENCE CAN DECIDE THE OUTCOME OF THE CASE?
Within the legal profession, it is ordinarily said that “if the facts are unfavorable to you, argue the law and, if the law is unfavorable to you, argue the facts.” This proved to be the case in the Masibulele Rautini and Passenger Rail Agency of South Africa...
SHOULD LEGAL PRACTITIONERS CLAIM ADVICE TO FAMILY AND FRIENDS AS COMMUNITY SERVICE?
Since the promulgation of the Legal Practice Act 28 of 2014, on 22 September 2014, legal practitioners waited for the day that the Minister of Justice would promulgate the hours for community service. That day came on 3 May 2022, eight years later. The proposed...
TEACHER – PUPIL RELATIONSHIP: WHAT ARE THE LEGAL PARAMETERS
The teacher – pupil relationship is not a topic that is adequately explored and discussed amongst the relevant stakeholders, given the events of recent years. One would expect such topic to be visited regularly in view of the frequently rising number of abusive and...
Medical Malpractice Claims – Why it pays to have an experienced legal team on your side.
The investigation and prosecution of medical malpractice claims has become an important part of the portfolio of services offered by many attorneys. Yet it remains a highly specialised field of legal practice, where the law and the medical sciences meet. For this...
Litigation Hungry Plaintiff Attorneys, or Poor Management – Who is the Real Culprit Behind the RAF’s Astronomical Legal Bill?
The sudden and unexpected implementation of the Road Accident Fund’s controversial Management Directive had many attorneys up in arms not so long ago. Whilst the legality of the Management Directive is currently the subject of a Review Application brought by our firm...
Bullying in Schools – What Does the Law Say?
As schools reopen, a concerning issue for many parents is bullying. This is justifiable, particularly in the South African context, where there have been increasing reports of cases of bullying in schools, some of which have resulted in loss of life. Bullying comes in...
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