Friday, December 14, 2012
On 28 April 2012, just 2 days before the South African National Roads Agency (Sanral) had planned to implement electronic tolling on Gauteng freeways, the Opposition to Urban Tolling Alliance (Outa) was granted an interim interdict against Sanral by the North Gauteng High Court in terms of which Sanral was interdicted and restrained from levying and collecting tolls. In addition, the High Court ruled that a full review of the proposed tolling structure needed to be carried out. The review was to be heard in November 2012.
litigation newsletter - october 2012
Wednesday, October 03, 2012
One of the greatest risks for a company that designs, manufactures or produces goods for distribution or sale to consumers is the threat of a product recall. Even if a business can afford to incur the costs of a product recall, the reputational damage of recalling a product can be calamitous.
New Head of Bowman Gilfillan Litigation Department
Friday, July 27, 2012
Bowman Gilfillan is pleased to announce that Haroon Laher has been appointed as the head of our litigation department. Laher, having completed two law degrees at the University of the Witwatersrand, has practised as an insolvency and litigation attorney, specialising in insolvency-related and commercial, real estate and banking litigation. Over the years Haroon has represented major banks, financial institutions and corporate entities in aspects of insolvency law and litigation. He was involved in the Nationwide liquidation and attempts, both prior to and after its liquidation, to restructure and rescue its business operations.
litigation newsletter - may 2012
Thursday, May 24, 2012
Employees’ rights and business rescue. Has the legislature gone too far? In the case of Employees Solar Spectrum Trading 83 (Pty) Ltd v AFGRI Operations Limited and Solar Spectrum Trading 83 (Pty) Ltd, (“the Solar Spectrum case”) (case number 6418/2011,18624/2011 and 66226/2011) a business rescue application was instituted by employees of Solar Spectrum Trading (Pty) Ltd. The First Respondent was AFGRI Operations (Pty) Ltd, which was a secured creditor of Service Spectrum Trading 83 (Pty) Ltd, which was the Second Respondent in the application.
litigation newsletter - april 2012
Wednesday, April 25, 2012
Business Rescue: Not quite the miracle cure The business rescue proceedings introduced in the amended Companies Act 71 of 2008 have brought forth a flurry of applications for business rescue orders, as embattled companies and close corporations desperately seek to stave off liquidation. The consequence of this is that judgments concerning business rescue are being handed down at a rapid pace.
LITIGATION NEWSLETTER | ARBITRATION AND HIGH COURT RULES RELATING TO DELIVERY OF DOCUMENTS AND DISCOVERY - NOVEMBER 2011
Wednesday, November 30, 2011
With society becoming ostensibly ever more civilised and the days of eye-for-an-eye and personal retaliation being long past, parties to any legal dispute have no option but to approach a dispute resolution forum to reach any resolution to their dispute. For centuries the forum of choice has been the courts. However, with the ever increasing load of cases, as well as the fear of unsuited judges presiding over a case, more and more disputants have been making use of private arbitrations.
Litigation Newsletter | Advantages and Disadvantages of Arbitration in South Africa: June 2011
Wednesday, July 06, 2011
Arbitration in South Africa is a form of dispute resolution that is an alternative to the court system. Generally, the proceedings of arbitration are very similar to trial proceedings. In large commercial matters, arbitration can be preferable to trial for a number of reasons.
UK Bribery Act
Thursday, June 09, 2011
The Secretary of State for Justice in the United Kingdom yesterday announced that the UK Bribery Act would come into force on 1 July 2011. The long-awaited guidance document on the UK Bribery Act 2011 was yesterday published by the Ministry of Justice in the United Kingdom. The document provides guidance on the procedures that affected commercial organisations should implement to avoid potential liability under the UK Bribery Act.
Litigation Newsletter | Identity Theft | Impact of the National Credit Act on Loans - March 2011
Thursday, April 14, 2011
Identity theft is a form of fraud in which someone pretends to be someone else by assuming that person's identity. Fraud is defined as the unlawful and intentional making of a misrepresentation which causes actual prejudice or which is potentially prejudicial to another. The purpose of identity theft is predominantly to access resources or to obtain credit or other benefits in the victim's name. Identity theft may also be used to facilitate or fund other crimes such as illegal immigration, terrorism and espionage.
Insolvency and Restructuring | Commercial Litigation | Bowman Gilfillan Newsflash
Wednesday, February 09, 2011
Insolvency statistics are dramatically lower: In one of the largest percentage year-on-year declines on record, the number of insolvencies in South Africa declined by a steep 33% (from 5 724 in 2009 to 3 835 in 2010).