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NOVEMBER 2011 LITIGATION NEWSLETTER | ARBITRATION AND HIGH COURT RULES RELATING TO DELIVERY OF DOCUMENTS AND DISCOVERY
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.
JUNE 2011 LITIGATION NEWSLETTER | ADVANTAGES AND DISADVANTAGES OF ARBITRATION IN SOUTH AFRICA
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.
MARCH 2011 LITIGATION NEWSLETTER | IDENTITY THEFT | IMPACT OF THE NATIONAL CREDIT ACT ON LOANS
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).
CONSUMER PROTECTION ACT: PUBLICATION OF PROPOSED THRESHOLD
Wednesday, October 13, 2010
The Consumer Protection Act 68 of 2008 (CPA) will come into effect on 31 March 2010. In terms of the CPA, all persons who are regarded as consumers will enjoy various rights and protections to which suppliers of goods and services must give effect.
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