Civil Litigation and Alternative Dispute Resolution

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What happens when your attorney pays your money to the wrong person?

Cybercrime can be described as a criminal activity that involves a computer and the internet. Cybercrime involves many criminal activities and this article aims to explore cybercrime in the legal profession and the implications thereof by taking a look at the High Court case of Fourie v Van der Spuy and De Jongh Inc. and […]

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Dispute Resolution in the Age of the Fourth Industrial Revolution

“Whoever controls the courts, controls the state.” Aristotle The courts of ancient Athens were fundamentally democratic with tens, hundreds and in some instances thousands of jurors adjudicating trials. There was no Judge, which role was taken up by the pool of jurors adjudicating at that time. One of the founding principles held dear by Athenians […]

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mental health

Protecting your Businesses Good Name in the Age of Idle Complaint

“The internet is where some people go to show their true intelligence; others, their hidden stupidity.” Anonymous The purpose of this article is to provide some insight into the rights and recourse available to a company when faced with the grim spectre of online defamation on social media or various public comment sites and forums. […]

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capacity

Directors’ Delinquency versus Probation

Introduction A significant innovation under the Companies Act 71 of 2008 as amended (the “Act”) is that it provides for a court application to declare a director delinquent or to have him/her placed under an order of probation. The Act confers locus standi on a broad range of persons to apply to court for such […]

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Mediation – is it an Alternative to Litigation?

Mediation can be described as a flexible process conducted in confidentiality, in which a neutral third party actively assists parties in working towards a negotiated agreement of a dispute or difference. This article seeks to explore whether Mediation is a suitable alternative to Litigation. Disputes in Civil Proceedings: Disputes in Civil Proceedings are commonly viewed […]

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