Employers’ disciplinary processes and procedures are often steeped in formalism and contain elements of a criminal prosecution. Procedures such as these are not what is...
Despite developments in our law over the years, it seems that parties to an arbitration still have misconceptions on whether or not hearsay evidence is...
The courts have recently reaffirmed the restrictive scope of reading tacit terms into written contracts. A notable example of this is the Supreme Court of...
Blockchain is one of the many hyped up buzzwords of our times. Everywhere you go, people interject it into their talk and strategies or features. But what does it actually mean? And more importantly, as lawyers, what is the hype all about and why should we care?
Dissecting…
The Anton Piller order is an extraordinary thing. It’s essentially an evidence-preserving legal mechanism. It allows a party that feels that their rights are being...
In today’s world, it is virtually impossible to conduct business without using some form of electronic communication. Many employers provide electronic resources such as e-mail...
Witnesses giving evidence before the Commission for Conciliation, Mediation and Arbitration (“CCMA”) should take care when making statements that may expose them to defamation claims.
This...
“Where does a wise man hide a leaf? In a forest.”
So begins the Supreme Court of Appeal’s judgment in the matter of Merck Sharpe and Dohme Group & Merial LLC v Cipla Agrimed (Pty) Ltd which was handed down on the morning of 27 November 2015.
The judgment is particularly…