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Dispute Resolution

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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.

Six steps to better drafting skills

Using precedents for the drafting of pleadings has become a standard practice that results in delays and increased cost of litigation. Drafting needs to be logical, rational and offer a clear representation of the client’s specific case. Copying from a precedent…

Provided By LexisNexis

The in duplum rule – How far does it go? Is it limited to credit agreements or not?

The in duplum rule has been part of South African law for more than 100 years – translated, in duplum means ‘double the amount’. This common law rule provides that interest on a debt will cease to run where the total amount of arrear interest has accrued to an amount…

Provided By SchoemanLaw Inc

by Nicolene Schoeman-Louw

Attention all business owners! You could be held vicariously liable for an employee’s abuse of power.

It is established in South African law that an employer is vicariously liable for the acts or omissions of its employees committed during the course...

by Grant Williams and Tyron Fourie

Videoconferencing during lockdown

Our courts have held that under lockdown conditions it is practical and indeed desirable that consultations between employers, employees and trade unions can take place...

by Bregman Moodley Attorneys

Benefits of Video Conferencing

Spousal maintenance – Duty to support spouse post divorce

When it comes to divorces, things tend to become acrimonious. This could be as a result of one spouse being subjected to verbal, mental, financial...

by Petrus Khumalo

Is medical malpractice to blame for SA’s shocking cerebral palsy statistics?

Medical malpractice may be a significant factor in South Africa’s shocking cerebral palsy statistics. Very high incidence of cerebral palsy in South Africa According to a report...

by DSC Attorneys

No work no pay – What do the courts say?

The ‘no work no pay’ principle has been highly topical during this Covid-19 lockdown period with much confusion surrounding the legalities when it comes to...

by Fluxmans Attorneys

how to set up pay periods

Compliance and complaints – ICASA and CCC

The role of committees in the ICASA Act Complaints concerning anything within the jurisdiction of the Independent Communications Authority of South Africa (ICASA) may be made...

by Kerron Edmunson

It’s implied! Tacit contractual terms

It is commonly believed that when entering into a contractual arrangement that the resulting relationship is to be governed by the terms as they appear...

by Raeesa Ebrahim Atkinson

Notarial bonds- Important considerations

In these trying times, the security that a creditor will hold will be of importance. Generally, Debtors have already encumbered their immovable property with mortgage...

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