Tag Archivescivil litigation
res judicata

Contempt of court. That’s just criminal. Isn’t it?

Introduction   Firstly, it must be noted that no, contempt of Court does not relate solely to criminal proceedings nor to criminal behaviour. Contempt of Court applies whenever behaviour exhibits simple disregard of a Court order.   Contempt of Court is divided into two categories namely, civil contempt and criminal contempt. In terms of the […]

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Service of a letter of demand, does it interrupt prescription?

Introduction Prescription of a debt can be described as “old debt” in which creditors may not institute legal proceedings to collect monies owed to them, by law. The Prescription Act provides that the period of prescription is a period 3 years in respect of an ordinary debt. In certain instances, prescription may be interrupted in […]

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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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evidence

Preventing the Destruction of Evidence

Introduction Evidence is a crucial element in all areas of the law, more specifically in civil litigation and/or criminal cases. Evidence is important as it will indicate to the Court that the facts are in your favour and that you have a strong case. But what can you do if the evidence you require is […]

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AOD

Enforcement of claims based on acknowledgments of debt in the Magistrate’s Court v the High Court

A debtor and creditor enter into an Acknowledgement of Debt (AOD) where the debtor acknowledges that he or she owes a particular sum of money to the creditor and undertakes to repay what is owing on terms agreed between the parties. This agreement is used as a shortcut to the judicial process of obtaining a judgment […]

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