Uniform Rule 35 Archives

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,...

Precautionary suspension justified: Public sector HOD

by GilesFiles | May 3, 2022 | 2020 onwards, Absenteeism, Applications, Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Evidence & onus, Fixed-term, Government, High Court, High Court judges, Interdicts & rules, Judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Provincial, Refused, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Suspensions, Termination (LRL 8), Topics, Urgency | 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...

Funds wrongfully misappropriated: Third parties?

by GilesFiles | Mar 18, 2021 | 2020 onwards, Appeals, Appeals - leave, Banks, Causes and defences, Consumer protection, Courts, Declaratory, Delict, Disallowed, Exceptions/special pleas, Finance, General, Interpretation etc, Judges, Legal Practice, Orders, Parties, Roland Sutherland, Roman Dutch law, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

FirstRand Bank Ltd v Spar Group Ltd SCA considered case where funds were wrongfully misappropriated and decided that although disbursements from the bank accounts by a customer were not a breach of fiduciary duty they were...

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...

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...

Accessing preserved evidence: Instituting legal proceedings

by GilesFiles | Oct 16, 2020 | 2020 onwards, Access to information, Anton Piller, Applications, Bill of Rights, Causes and defences, Courts, Declaratory, Evidence & onus, Finance, Granted, HC Uniform, High Court, High Court judges, Interdicts & rules, Judges, Jurisdiction & powers, Just and equitable relief, Legal Practice, Orders, Parties, Personal Information, Personal services, Private enterprises, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

Cell C Ltd v MA Accessing preserved evidence allows a former employer to obtain the necessary evidence and proof to institute legal action against former employees who colluded in causing substantial prejudice to the employer...

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...

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...

Inspecting internal documents: Employer ordered to disclose

by GilesFiles | Nov 1, 2018 | 2018, Causes and defences, Courts, High Court, Interpretation etc, Judges, Legal Practice, 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,...

Good faith bargaining: Managerial prerogatives

by GilesFiles | Jul 2, 2018 | 2018, André van Niekerk, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, CCMA Rules-old, Collective Bargaining (LRL 5), Contractual breach, Courts, Evidence & onus, General, HC Uniform, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, LRA D: 151-166 LC, Managerial prerogative, Parties, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Terms & conditions, Topics, Trade unions | 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: Uniform Rule 35