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introduction
Bowman Gilfillan litigation department is a full-service department, with significant depth, covering all areas of litigation and is regarded as one of the pre-eminent litigation teams in the country.
Our team of commercial litigation specialists is well placed to analyse commercial litigation disputes and identify creative solutions, and to prevent disputes from escalating to the point where they have to be resolved by a court. If court-based litigation is ultimately unavoidable, our approach is to try to resolve any disputes in a cost-effective manner that is aimed at generating results which are commercially appropriate to our clients' needs.
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articles
- The trials and tribulations of an attorney's practice
Late last year there were reports in the press relating to the state of the Johannesburg High Court library. Judge Neels Claassen, chair of the High Court’s Library Committee, expressed his concern at the state of the High Court library, and he is reported to have criticised the government for the failure on the part of the Department of Justice to revamp the library.
The Johannesburg Bar Council came out in support of Judge Claassen but, surprisingly, the spokesperson for the Department of Justice, Tlali Tlali rejected the criticisms by Judge Claassen and is reported to have said that the Department of Justice is “very serious about providing the judiciary and other professional staff in our courts with the necessary tools in order for them to carry out their mandate diligently”.
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- The flexible test to causation in breach of contract
The world consists of an exceedingly intricate web of events giving rise to any specific occurrence. It is because of this that the law must limit a person's liability to only that damage linked closely enough to their actions to justify imputing liability to them. The law regarding the test for legal causation in other fields of law has evolved over the years, and this evolution has recently been extended to the law of breach of contract.
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- The application of anti-dissipation interdicts in modern law
The right to property is a fundamental right, and one which is protected by the Constitution of the Republic of South Africa. Section 25(1) provides the following:
“No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property”
With this in mind, a person is at liberty to deal with his property and assets as he sees fit. A person will generally only be prevented from disposing of his assets where his legal capacity is in some way neutralized or restricted. For example, where a person is insolvent, insane, declared a prodigal by a court order or is under an administration order.
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- Identity Theft
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.
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- The Doctrine of Peremption
At common law, the doctrine of peremption states that where a party acquiesces in a judgment, he is deprived of the right to appeal. Peremption is thus defined as the waiver of a right to appeal or review where a litigant, by unequivocal conduct inconsistent with an intention to appeal, acquiesces in that judgment. Importantly, the application of the doctrine is limited to the judgment itself and in particular, to the conduct of the party(s) after judgment. Accordingly, neither conduct prior to the judgment nor any of the substantive grounds of appeal are relevant to the enquiry.
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| team members focus |
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Greg Higgins
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Greg Higgins is a director and head of the litigation department. He holds BA and LLB degrees from Rhodes University. Greg acts as the supervising partner on a range of commercial and contractual litigation, arbitration and alternative dispute resolution matters.
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Fahdia Bhayat
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Fahdia Bhayat has extensive experience in general commercial and corporate litigation and has advised clients on a wide range of commercial disputes, including insolvency related matters.
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Shane Voigt
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Shane Voigt joined Bowman Gilfillan as a director in the Litigation department in February 2011. He is a specialist in construction law including litigation and alternative dispute resolution activities.
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