South Africa: Litigation, Mediation & Arbitration

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
The MV Haralambos: What The SCA's Latest Associated Ship Judgment Means And The Questions That It Leaves Open
The Supreme Court of Appeal's recent judgment in the MV Haralambos case has sparked significant debate in South Africa's maritime community by upholding a vessel arrest based largely on commercial database evidence. The decision addresses the challenging question of proving common control between ship-owning companies when beneficial ownership information is not publicly available, potentially reshaping the evidentiary landscape for associated ship arrests. At the heart of the controversy lies whether comme
South Africa Litigation
E
ENS
Article
Raising A Rule 6(5)(d)(iii) Notice Before The Rule 53 Record: An Irregular Step Or A Competent Election?
A Constitutional Court decision has clarified a critical procedural question in South African administrative law: whether respondents can raise dispositive legal objections before producing the Rule 53 record in review proceedings. The ruling addresses the tension between an applicant's right to supplement their case after receiving the administrative record and a respondent's ability to challenge the review on purely legal grounds at an early stage.
South Africa Litigation
FW
Fairbridges
Article
Rethinking Oath Certification: Introducing Electronic Commissioning
The Department of Justice and Constitutional Development has published draft Regulations introducing formal provisions for electronic commissioning of affidavits in South Africa. This legislative modernisation proposes to allow commissioners to administer oaths remotely through audio-visual communication, fundamentally changing the traditional requirement for physical presence while maintaining essential safeguards.
South Africa Litigation
E
ENS
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Enforcement of Foreign Judgments
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International Arbitration
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Litigation Dispute Resolution

Disclosure & Electronic Discovery & Privilege

Article
Litigation Privilege And Insurer-commissioned Expert Reports: A Recent Reaffirmation
A High Court judgment has reinforced the protection of litigation privilege for expert reports commissioned by insurers during pending litigation. When a loss adjuster's preliminary report was requested for disclosure, the court examined whether it qualified for privilege protection and what implications this holds for the insurance industry's handling of expert assessments in claims disputes.
South Africa Litigation
AA
Adams & Adams
Article
When Is A Document Privileged?
The Gauteng High Court's judgment in TMM Holdings v Skycastle Securities examines when litigation privilege protects documents from disclosure, specifically addressing whether insurance claim forms and investigative reports created for multiple purposes qualify for privilege. The court applied the dominant purpose test to determine if documents prepared simultaneously for insurance claims, internal investigations, and potential litigation must be disclosed in discovery proceedings.
South Africa Litigation
E
ENS
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Arbitration & Dispute Resolution

Article
Understanding SARS Objections: Understanding Dispute Resolution & SARS Debt Management Deadlines, Extensions And How To Get It Right
As SARS intensifies enforcement through data analytics and AI, taxpayers face increasing technical and procedural risks when disputing assessments. Understanding the objection process—from requesting reasons to meeting strict deadlines and providing proper documentation—can determine whether a tax dispute is resolved efficiently or escalates unnecessarily.
South Africa Tax
SG
SNG Grant Thornton
Article
The MV Haralambos: What The SCA's Latest Associated Ship Judgment Means And The Questions That It Leaves Open
The Supreme Court of Appeal's recent judgment in the MV Haralambos case has sparked significant debate in South Africa's maritime community by upholding a vessel arrest based largely on commercial database evidence. The decision addresses the challenging question of proving common control between ship-owning companies when beneficial ownership information is not publicly available, potentially reshaping the evidentiary landscape for associated ship arrests. At the heart of the controversy lies whether comme
South Africa Litigation
E
ENS
See more

Court Procedure

Article
The MV Haralambos: What The SCA's Latest Associated Ship Judgment Means And The Questions That It Leaves Open
The Supreme Court of Appeal's recent judgment in the MV Haralambos case has sparked significant debate in South Africa's maritime community by upholding a vessel arrest based largely on commercial database evidence. The decision addresses the challenging question of proving common control between ship-owning companies when beneficial ownership information is not publicly available, potentially reshaping the evidentiary landscape for associated ship arrests. At the heart of the controversy lies whether comme
South Africa Litigation
E
ENS
Article
Raising A Rule 6(5)(d)(iii) Notice Before The Rule 53 Record: An Irregular Step Or A Competent Election?
A Constitutional Court decision has clarified a critical procedural question in South African administrative law: whether respondents can raise dispositive legal objections before producing the Rule 53 record in review proceedings. The ruling addresses the tension between an applicant's right to supplement their case after receiving the administrative record and a respondent's ability to challenge the review on purely legal grounds at an early stage.
South Africa Litigation
FW
Fairbridges
See more

Trials & Appeals & Compensation

Article
The MV Haralambos: What The SCA's Latest Associated Ship Judgment Means And The Questions That It Leaves Open
The Supreme Court of Appeal's recent judgment in the MV Haralambos case has sparked significant debate in South Africa's maritime community by upholding a vessel arrest based largely on commercial database evidence. The decision addresses the challenging question of proving common control between ship-owning companies when beneficial ownership information is not publicly available, potentially reshaping the evidentiary landscape for associated ship arrests. At the heart of the controversy lies whether comme
South Africa Litigation
E
ENS
Article
Raising A Rule 6(5)(d)(iii) Notice Before The Rule 53 Record: An Irregular Step Or A Competent Election?
A Constitutional Court decision has clarified a critical procedural question in South African administrative law: whether respondents can raise dispositive legal objections before producing the Rule 53 record in review proceedings. The ruling addresses the tension between an applicant's right to supplement their case after receiving the administrative record and a respondent's ability to challenge the review on purely legal grounds at an early stage.
South Africa Litigation
FW
Fairbridges
See more

Latest Videos

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