Uniform Rule 18 Archives

Unproven alleged dishonesty: Burden of proof

by GilesFiles | Jul 6, 2023 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, Evidence & onus, Fair procedure, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Mining, Orders, Parties, Pleadings: amending, Private enterprises, Review tests, Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 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,...

Third party notices: Incompetent process

by GilesFiles | Mar 28, 2023 | 2020 onwards, Applications, Associations/corporates, Construction industry, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, lis alibi pendens, Orders, Parties, Pleadings: amending, Rules Codes & Manual, Sectors, Special pleas, Third party notice, 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,...

Authorising financial statements: Director’s liability?

by GilesFiles | Jan 23, 2023 | 2020 onwards, Agriculture, Applications, Cause of action defined, Causes and defences, Costs, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Pleadings: amending, Private enterprises, Rules Codes & Manual, Sectors, Statutory, Topics, Words & phrases | 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,...

Protected interest considered: Restraint covenant?

by GilesFiles | Nov 8, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Insights, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, MPN Nkutha-Nkontwana, Orders, Parties, Personal services, Private enterprises, Protectable interests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics, Trade restraints | 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,...

Upholding exception to claim: Insufficient factual allegations

by GilesFiles | Jan 25, 2022 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Disputes: factual, Evidence & onus, Exceptions/special pleas, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Logistics, Orders, Parties, Pleadings: amending, Private enterprises, Rules Codes & Manual, Sectors, Special pleas, Topics | 0 |

Business Connection (Pty) Ltd v Buffalo City Metropolitan Municipality Upholding exception to claim and high court confirmed that if the exception relates to particulars of claim failing to disclose a cause of action, the test...

High court proceedings: Pleadings joinder costs

by GilesFiles | Nov 29, 2021 | 2020 onwards, Applications, Causes and defences, Costs, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, General, HC Uniform, High Court, High Court judges, Interpretation etc, Irregular proceeding, Joinder, Judges, Legal Practice, Orders, Parties, Private enterprises, Roland Sutherland, Rules Codes & Manual, Sectors, Special pleas, Topics | 0 |

Hlophe JP v Freedom Under Law In considering the nature and effect of proceedings in the high court a full bench confirmed that in none of the cited judgments is an affidavit equated to a pleading. “The common thread...

Claiming defamatory process: Proper factual basis

by GilesFiles | Oct 13, 2021 | A G Binns-Ward, Applications, Bill of Rights, Causes and defences, Courts, Delict, Dignity equality freedom, Evidence & onus, Exceptions/special pleas, Fair procedure, Government, High Court, High Court judges, Judges, Labour Relations, Legal Practice, Municipal, Orders, Parties, Pleadings: amending, Rules Codes & Manual, Sectors, Special pleas, State organs, Topics, Vicarious liability | 0 |

Joseph v City of Cape Town In upholding various exceptions to the pleaded case claiming a defamatory disciplinary process the high court decided that the pleading falls signally short of compliance with Uniform Rule 18(10),...

Admitting affidavit evidence: Action or motion?

by GilesFiles | Apr 23, 2021 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Central, Costs, Courts, Damages, Declaratory, Disputes: factual, Evidence & onus, GN Moshoana, Government, HC Uniform, Judges, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, LRA 07: 112-184 Dispute, LRA 197 - transfers, LRA 1995, Minute: pre-trial or arb, Orders, Parties, Rules Codes & Manual, Sectors, State organs, 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,...

Social media defamation: Many issues considered

by GilesFiles | Dec 17, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Courts, Damages, Delict, Evidence & onus, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, MJD Wallis, Orders, Roman Dutch law, SCA judges, Special pleas, Supreme Court of Appeal, Topics | 0 |

Economic Freedom Fighters (EFF) v Manuel Social media defamation – defences – lack of animus iniuriandi – whether established – reasonable publication in relation to media defendants – requirements of – whether extending...

Summary judgment applications: New procedure considered

by GilesFiles | Apr 30, 2020 | 2020 onwards, A G Binns-Ward, Applications, Consumer protection, Courts, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Rules Codes & Manual, Topics | 0 |

Tumileng Trading CC v National Security and Fire (Pty) Ltd Summary judgment applications must comply with the amended Uniform Rule 32 which came into effect on 1 July 2019 but the high court doubted that any signal change has...

Tag: Uniform Rule 18