Legal Practice Act 28 of 2014 Archives

Reinstating legal practitioner: Punitive costs awarded

by GilesFiles | Aug 12, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Dignity equality freedom, General, granted, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Non-profit organisations, Orders, Parties, Personal services, Reinstatement, Sectors, Statutory, 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,...

Striking off attorney: Failed attempt by disgruntled employee

by GilesFiles | Feb 25, 2025 | 2020 onwards, Applications, Associations/corporates, Causes and defences, Costs, Courts, Declaratory, erroneously sought, Evidence & onus, High Court, High Court judges, Interpretation etc, Joinder, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Sectors, Statutory, 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,...

Striking-off application advocate: Common law rights

by GilesFiles | Dec 19, 2024 | 2020 onwards, Appeals, Appeals - leave, Associations/corporates, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Disallowed, General, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, SCA judges, Sectors, 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,...

Convening disciplinary committee: Three-stage inquiry

by GilesFiles | Sep 30, 2024 | 2020 onwards, Applications, Associations/corporates, Causes and defences, Common law, Conduct & capacity, Costs, Courts, Declaratory, Evidence & onus, ex parte, Fair procedure, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Refused, Resolving disputes (LRL 3), Review tests, Roland Sutherland, Rules Codes & Manual, SDJ Wilson, Sectors, Selected judges, 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,...

Suspending legal practitioner: Material procedural flaws

by GilesFiles | Aug 19, 2024 | 2020 onwards, Applications, Associations/corporates, Causes and defences, Costs, Courts, Declaratory, Fair procedure, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Orders, Parties, Personal services, Sectors, Statutory, 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,...

Twiddling thumbs decried: LPC ordered to report

by GilesFiles | Nov 4, 2021 | 2020 onwards, Associations/corporates, Causes and defences, Costs, Courts, High Court, High Court judges, Judges, Legal Practice, LRA 07: 112-184 Dispute, Orders, Parties, Personal services, Review tests, Rules Codes & Manual, Sectors, Statutory, Termination (LRL 8), Topics | 0 |

Legal Practice Council v Van Wyk Twiddling thumbs by LPC decried by high court which stated at “70. As a result, it has unfortunately become necessary for the Court, in the exercise of its powers in matter such as these to...

Advocate fees liability: Attorney must pay fees

by GilesFiles | Sep 2, 2021 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Disputes: factual, Evidence & onus, Exceptions/special pleas, General, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Orders, PA Meyer, Parties, Personal services, Roman Dutch law, Rules Codes & Manual, Sectors, Special pleas, Topics | 0 |

Solomon SC v Junkeeparsad Regarding liability for advocates fees the high court confirmed that the attorney may legally be sued personally and a judgment can legally be entered against him because he instructed counsel as...

Advocate readmission refused: Standing of legal bodies

by GilesFiles | Dec 15, 2020 | 2020 onwards, 2020 onwards, Appeals, Associations/corporates, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, General, Judges, Landmark judgments, Legal Practice, Legislation, Parties, Personal services, Protect not punish, Review tests, SCA judges, Sectors, Supreme Court of Appeal, Termination (LRL 8), Topics, VM Ponnan | 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,...

Disciplinary process outlined: 3-stage inquiry explained

by GilesFiles | Nov 26, 2020 | 2020 onwards, Applications, Causes and defences, Costs, Costs punitive, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, HC Uniform, High Court, High Court judges, Interpretation etc, Joinder, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Personal services, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

SA Legal Practice Council v REC Full bench of the high court outlined the sui generis nature of the disciplinary process and stressed that when considering whether an attorney ought to be removed from the roll or suspended from...

Interpreting university definition: Concurring judgment

by GilesFiles | Dec 11, 2019 | 2019, Appeals, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Interpretation etc, JC Froneman, Judges, Jurisdiction & powers, L Theron, Legal Practice, Legislation, Parties, philosophy / economics, Sectors, Topics, Universities and schools | 0 |

Independent Institute of Education (Pty) Ltd v Kwazulu-Natal Law Society Interpreting university definition and Constitutional Court in concurring judgment cautioned against giving an interpretation which ‘cannot be...

Interpreting university definition: Statutory interpretation

by GilesFiles | Dec 11, 2019 | 2019, Appeals, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Courts, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, MTR Mogoeng, Parties, philosophy / economics, Sectors, Topics, Universities and schools | 0 |

Independent Institute of Education (Pty) Ltd v Kwazulu-Natal Law Society Interpreting university definition and Constitutional Court held that to treat the Institute otherwise than as a university would put form over substance...

Tag: Legal Practice Act 28 of 2014