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Dispute Resolution

Description
Legislation

Dispute Resolution News & Insights

This section examines dispute resolution rules, legislation and procedures, as well as matters which have been resolved through negotiation, mediation, arbitration, collaborative law and litigation.

Liability insurance: What happens when the insurer and policyholder disagree on settling the matter?

When a liability insurance policyholder is being sued, they refer that legal case to their insurer. If a claim in question falls within the four corners of a policy, the insurer handles the claim on behalf of the policyholder. If the matter goes to court, the court papers…

Provided By Adams & Adams

by Mtho Maphumulo

Claiming damages in employment matters

As an employer, it’s crucial to grasp the complexities surrounding employee dismissals and the potential legal ramifications. The landscape of employment law in South Africa presents a unique interplay between common law and the Labour Relations Act 66 of 1995…

Provided By SchoemanLaw Inc

by Nicolene Schoeman-Louw

Cerebral palsy claims in South Africa

Cerebral palsy is disturbingly common in South Africa. Tragically, many cases could have been avoided and are the direct result of medical negligence or malpractice. About...

by DSC Attorneys

Understanding “Voetstoots” beyond the physical condition of the property

The term “voetstoots“, derived from Dutch and meaning “as is”, is a common legal term in South African property law. In property sale transactions, the...

by Matome Matsheta

Successful trade marks cancellation proceedings

What happens in the instance where a trade mark is erroneously registered or erroneously remains on the register? A trade mark which for whatever reason...

by Ursuley Matjeke

Debarments: A symptom of deeper cultural issues in the financial services sector

Dishonest conduct by representatives of financial service providers (“FSPs”) continues to plague the sector. This is evident from an analysis of the most recent rulings...

by Jean-Paul Rudd

RAF loss of support claims: Latest cap and example pay-outs

Subject to specific limitations, the Road Accident Fund (RAF) compensates direct dependants of breadwinners who have died in road accidents that they weren’t solely responsible...

by DSC Attorneys

Consequences of failure to exhaust internal remedies under CPA

Introduction In the case of Makadu v NTT Volkswagen [2024] ZANCHC 52, the court dealt with the issues of defective goods and the exhaustion of internal...

internal remedies

Failure to know or follow the rules of court: A civil procedure pitfall for legal practitioners

A judgment from the High Court of South Africa, Eastern Cape Division, Bisho, serves as a timely reminder for legal practitioners to diligently consult the...

by Jean-Paul Rudd

Judicial review: An overview

Introduction Judicial review serves as a critical mechanism to regulate administrative action, ensuring that public authorities act within their legal bounds. It allows the judiciary to...

by Johan de Lange

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