Case Notes

Much ado about Duma?

Road Accident Fund v Duma and three related cases (Health Professions Council of South Africa as amicus curiae) [2013] 1 All SA 543 (SCA) (Brand JA) By Alfred Selman The […]

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Is the best defence re-offence?

Humphreys v S (SCA) (unreported case no 424/2012, 22-3-2013) (Brand JA) By Chris Shone The recent judgment in the Humphreys matter by the Supreme Court of Appeal (SCA) raises interesting […]

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Door closed on common law contingency fees

De la Guerre v Ronald Bobroff & Partners Inc and Others (GNP) (unreported case no 22645/2011, 13-2-2013) (Fabricius J) The South African Association of Personal Injury Lawyers v The Minister […]

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Unconstitutionality of s 89(5)(c) of the National Credit Act

National Credit Regulator v Opperman and Others (CC) (unreported case no CCT 34/12, 10-12-2012) (Van der Westhuizen J) By Mapula Sedutla At issue in the Opperman case was whether s […]

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Freedom of testation v public policy

Ex Parte: BoE Trust Ltd NO and Others (SCA) (unreported case no 846/11, 28-9-2012) (Erasmus AJA) By Mapula Sedutla The recent BoE Trust case tested freedom of testation against public […]

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When early-bird creditors may trump the NDPP

By Kara van de Pol The Supreme Court of Appeal has handed down a judgment that will be of interest to creditors of an insolvent company whose assets are subject […]

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More light on contingency fees agreements

Tjatji v The Road Accident Fund (unreported case no 22475/10); Khoza v The Road Accident Fund (unreported case no 4412/06); Mxolisi v The Road Accident Fund (unreported case no 11632/09) […]

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‘Dependants’ action’ extended to heterosexual life partners

Paixão and Another v Road Accident Fund (SCA) (unreported case no 640/11, 26-9-2012) (Cachalia JA) By Nomfundo Manyathi In a recent decision, the Supreme Court of Appeal (SCA) extended the […]

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Top court rebukes ‘skyrocketing’ legal fees

Camps Bay Ratepayers’ and Residents’ Association and Another v Harrison and Another (CC) (unreported case no CCT 76/12, 20-9-2012) By Kim Hawkey In a unanimous judgment handed down in September, […]

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Clarity on contingency fees agreements

Mofokeng v Road Accident Fund (unreported case no 22649/09); Makhuvele v Road Accident Fund (unreported case no 19509/11); Mokatse v Road Accident Fund (unreported case no 24932/10); Komme v Road […]

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