Document discovery Archives

Producing investigation report: HC overstepping

by GilesFiles | Aug 11, 2025 | 2020 onwards, Access to information, Allowed, Appeals, Appeals - leave, Causes and defences, Courts, Declaratory, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Provincial, Rules Codes & Manual, SCA judges, Sectors, State organs, Statutory, Supreme Court of Appeal, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Jurisdiction & exercise thereof: Distinguish between them?

by GilesFiles | Mar 31, 2025 | 2020 onwards, AB - Law generally, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Common law, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Evidence & onus, General, HC Uniform, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Logistics, Orders, PAJA 2000, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, State, State organs, Statutory, Thresholds, Topics, Transport & communication | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Disclosing relevant documents: Affecting reasonable expectation

by GilesFiles | Aug 22, 2024 | 2020 onwards, Access to information, Appeals, Appeals - leave, Causes and defences, Constructive: 186(1)(e), Costs, Courts, Declaratory, Edwin Molahlehi, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Mining, Orders, Parties, Personal Information, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Compelling document discovery: Employer objections refuted

by GilesFiles | Jan 3, 2022 | 2020 onwards, Applications, Costs, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, HC Uniform, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, LC Rules-old, LC-Practice Manual, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Operational reasons, Orders, Parties, Personal services, Private enterprises, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Discovering restraint documents: Uniform Rule 35 notice

by GilesFiles | Oct 14, 2021 | 2020 onwards, Appeals, Appeals - leave, Applications, Causes and defences, Condonation, Courts, Declaratory, Disallowed, Evidence & onus, Granted, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, leave to appeal, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

Baard v Allem On appeal a full bench of the high court considered an issue relating to discovering documents concerning a trade restraint and decided that there was no basis to interfere with the discretion exercised by the...

Producing relevant documents: UR 35(12) applied

by GilesFiles | Mar 11, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Courts, Declaratory, Evidence & onus, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Public Protector, Rules Codes & Manual, SCA judges, Supreme Court of Appeal, Topics | 0 |

Democratic Alliance v Mkhwebane With regard to the onus and producing relevant documents the SCA confirmed that the term onus is not to be confused with the burden to adduce evidence (for example, that a document is privileged...

Promoting information access: Partner seeking record

by GilesFiles | Feb 3, 2021 | 2020 onwards, Access to information, Applications, Causes and defences, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Personal Information, Specific performance, Statutory, Topics | 0 |

H v H Applicant admitted that the respondents’ duty to provide the record depends on “establishing” a partnership but the high court decided that the parties had misunderstood the legal position because when promoting...

Confidentiality claim considered: Discovery and fairness

by GilesFiles | Jan 14, 2021 | 2020 onwards, Applications, Courts, Evidence & onus, Government, HC Uniform, High Court, High Court judges, Judges, Legal Practice, Municipal, Parties, Rules Codes & Manual, Sectors, Settlement agreements, State organs, Topics | 0 |

Erasmus NO v MEC for Health, NC Province High court considered confidentiality claim and exercised a discretion not to order disclosure after considering the consequences of ordering discovery of information regarding the...

Case management directions: Separation and discovery

by GilesFiles | Jul 31, 2020 | 2020 onwards, A G Binns-Ward, Applications, Banks, Causes and defences, Courts, Delict, Evidence & onus, High Court, High Court judges, Judges, Legal Practice, Orders, Parties, Pleadings: amending, Rules Codes & Manual, Sectors, Topics | 0 |

Investec Bank Ltd v O’Shea NO High Court discussed case management directions and stressed that a ruling in terms of Uniform Rule 33(4) should be made by the judge and the legal representatives concerned only after very...

Subpoena duces tecum: Derived from LRA s142(1)(b)

by GilesFiles | Jul 15, 2020 | 2020 onwards, Appeals, Appeals - leave, Bargaining councils, Courts, Declaratory, Disallowed, Evidence & onus, Exceptions/special pleas, Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Objective - correctness, Orders, Parties, Personal Information, Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Arbitrators’ notes privileged: Disclosure not required

by GilesFiles | Feb 11, 2020 | 2020 onwards, 2020 onwards, Applications, Bill of Rights, Causes and defences, Courts, Declaratory, DN Unterhalter, Evidence & onus, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

Zamani Marketing and Management Consultants (Pty) Ltd v HCI Invest 15 Holdco (Pty) Ltd Arbitrators notes ‘privileged’ and high court decided that “. . . , as a general matter, the arbitrators’ notes are too...

Legal advice privilege: Disclosure and waiver

by GilesFiles | Dec 13, 2019 | 2019, 2019, Appeals, Causes and defences, Courts, Evidence & onus, Interpretation etc, Judges, Landmark judgments, Legal Practice, MJD Wallis, SCA judges, Supreme Court of Appeal, Topics | 0 |

Contango Trading SA v Central Energy Fund SOC Ltd Legal advice privilege considered and to the extent there was conduct that could objectively speaking be viewed as inconsistent with preserving in full the confidentiality of the...

Tag: Document discovery