Civil Litigation and Alternative Dispute Resolution

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#Covid19, Construction and Lockdown – how are these living together?

The South African construction industry is one of the sectors which is severely affected not only by a national lockdown but also by other unforeseen situations related to prevailing conditions that may be associated with the COVID-19 pandemic. Most construction projects have become under threat within a short period resulting in unexpected delays, disruptions and […]

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Where does a Company Reside and Why does it Matter?

The provision that the court has jurisdiction ‘over all persons residing or being in such area does not enlarge the jurisdiction endowed by the words ’causes arising’. At common law, however, the residence (but not the mere physical presence) of a defendant or respondent within the court’s area of jurisdiction usually enables one to say […]

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Unlawful Credit Agreements

The majority of South Africans are using some form of credit or have access to some form of credit, whether by way of credit cards, clothing account credit cards, personal loans, etcetera. The National Credit Act 34 of 2005 (hereinafter referred to as “the NCA”) purports to achieve a healthy and balanced credit market in […]

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Class Action

Appointing a Third-Party Arbitrator Before Resorting to Dismissal

Employers and Employees seeking to resolve disputes are aware of the option of referring such disputes to the Commission for Conciliation, Mediation and Arbitration (CCMA). Referral often happens where a decision has already been made relating to either an alleged unfair dismissal or issues of capacity. However, not many Employers are aware of the option […]

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Testamentary Trusts

Construction Guarantees – when does the contractor have the right to interfere with the employer’s claim?

It is a common occurrence for contractors to insure the performance of large construction projects. In fact in large projects this is a requirement.   In many instances these projects do not run as anticipated and as a result these policies are invoked. For a long time the rights of the contractor (who effectively is. […]

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