Legal practitioners – GilesFiles

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 |

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Depriving practitioner of fees: Hopeless cases considered

by GilesFiles | Dec 24, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Declaratory, Evidence & onus, General, Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Objective - correctness, Orders, Parties, Provincial, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, 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,...

Execution writ compliance: Impossible to perform?

by GilesFiles | Oct 14, 2022 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Exceptions/special pleas, Impossibility or illegality, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, LC Rules-old, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 144 and 165 rescissions, LRA 1995, Orders, Parties, Personal services, Rules Codes & Manual, Sectors, Settlement agreements, Statutes (LRL 2)-work, 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,...

Privileged occasion not statement: Defamation proved

by GilesFiles | Apr 28, 2022 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Delict, Dignity equality freedom, Disputes: factual, Evidence & onus, Exceptions/special pleas, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Roman Dutch law, Rules Codes & Manual, Sectors, Special pleas, Stated case, 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,...

Covid-19 operational requirements: Dismissal valid and fair

by GilesFiles | Mar 7, 2022 | Applications, AUD, BCEA 1997 (LRL 10), Bill of Rights, Causes and defences, CCMA awards, CCMA members, CCMA Rules-old, Conduct & capacity, Contractual breach, Costs, Costs not awarded, Courts, Covid-19 issues, Exceptions/special pleas, Impossibility or illegality, Insights, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Operational reasons, Orders, Parties, Personal services, Private enterprises, Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Zero tolerance | 0 |

Dryden v Duncan Korabie Attorneys How should managers deal with employees who refuse to be vaccinated and may employment be terminated after following a fair procedure and should the reason for dismissal be related to conduct or...

Pure economic loss: Legal Practice Council liability?

by GilesFiles | Nov 26, 2021 | 2020 onwards, Applications, Associations/corporates, Causes and defences, Costs, Courts, Declaratory, Delict, Evidence & onus, Exceptions/special pleas, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Personal services, Roman Dutch law, Sectors, Special pleas, Topics | 0 |

Legal Practice Council v Louw In considering a claim for pure economic loss the high court decided that on the issue of wrongfulness there were no public or legal policy considerations that dictated that the Legal Practice...

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...

Perusing legal documents: Taxing fees of attorneys

by GilesFiles | Sep 17, 2021 | 2020 onwards, Applications, Causes and defences, Common law, Contractual breach, Courts, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Review tests, Roman Dutch law, Rules Codes & Manual, Sectors, Terms & conditions, Topics | 0 |

Strauss Daly v MEC: Health KwaZulu-Natal Taxation of bill for perusing legal documents and high court pointed out that irrespective of whether a ten-hour day is correct or not, it is irrefutable that the plaintiff contends that...

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...

Business rescue practitioners: Payments voided

by GilesFiles | Feb 10, 2021 | 2020 onwards, Agriculture, Applications, business rescue, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Sectors, Special pleas, 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,...

Privacy rights confirmed: Surveillance and interception?

by GilesFiles | Feb 4, 2021 | 2020 onwards, 2020 onwards, Access to information, Appeals, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, M Madlanga, Parties, Personal Information, Topics | 0 |

AmaBhungane CIJ NPC v Minister of Justice and Correctional Services Privacy rights confirmed by constitutional court and pointed out that state agencies are empowered to “gather, correlate, evaluate and analyse” intelligence and...

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,...

Tag: Legal practitioners