would not might or may Archives

Granting leave to appeal: Applying legal test

by GilesFiles | Sep 26, 2024 | 2020 onwards, Applications, Banks, Causes and defences, Costs, Courts, Declaratory, Finance, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legislation, Orders, Parties, Personal services, Roman Dutch law, 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,...

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...

Formidable appeal threshold: Would not might

by GilesFiles | Jul 29, 2020 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Applications, Central, Courts, Disallowed, High Court, High Court judges, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Orders, Parties, Sectors, Topics | 0 |

Democratic Alliance v President of RSA Full bench of the High Court considered the formidable appeal threshold which now exists in sec 17(1)(a) of the Superior Courts Act 10 of 2013 and that before concluding that there are...

Appeal leave refused: Required test not met

by GilesFiles | Feb 20, 2020 | 2020 onwards, Airline pilots, Appeals, Appeals - leave, Courts, Disallowed, GN Moshoana, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Operational reasons, Orders, Parties, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Topics, Trade unions | 0 |

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Applying for leave: Would appeal have reasonable prospects?

by GilesFiles | Mar 28, 2018 | 2018, Appeals - leave, Central, Judges, Legal Practice, Legislation, MJD Wallis, Sectors, Supreme Court of Appeal | 0 |

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Appeals process: Grounds for leave and recent statutory test

by GilesFiles | Jun 13, 2017 | 2017, Anton Steenkamp, Appeals, Labour Court | 0 |

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May cannot mean must: when is obligation imported?

by GilesFiles | Nov 30, 2016 | 2014 and earlier, Causes and defences, Courts, Deceased judges, Judges, Jurisdiction & powers, MJD Wallis, SCA judges, Statutes (LRL 2)-work, Supreme Court of Appeal, Words & phrases | 0 |

‘As was pointed out in the Noble & Barbour v South African Railways and Harbours 1922 AD 527 at 539 – 40, this does not involve reading the word “may” as meaning “must”. As long as the English...

Leave to appeal: Barrier raised to ‘would’ from ‘might’

by GilesFiles | Feb 24, 2016 | 2016, André van Niekerk, Appeals - leave, Jurisdiction & powers, Labour Court, Statutes (LRL 2)-work, 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: would not might or may