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introduction
Bowman Gilfillan's litigation department is a full-service department, with significant depth, covering all areas of litigation and we are 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
- Arbitration and high court rules relating to delivery of documents and discovery
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.
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- Drager Case: state given guidelines on how to apply drager breathalyzer test in a sober-minded manner
South Africa is one of the highest alcohol consuming countries in the world, as a result it has an alarming number of fatalities, serious injury to individuals and property which are caused by individuals driving whilst under the influence of alcohol on our public roads. A recent judgment of the Western Cape High Court by Judge Nathan Erasmus in the landmark test case relating to reliability of the Drager Alcoltest 7110 MK 111 has provided South Africa's law enforcement authorities with insight into the shortcomings of its operation of the Drager breathalyzer test.
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- The principal agent's independent discretion: a critique of MSC Depots (Pty) Ltd v WK Construction (Pty) Ltd & another (157/10) [2010] ZASCA
It is not unusual in construction contracts for principal agents to be vested with the power and authority to assess the works and to bind the employer to the amounts payable to the contractor. The Principal Building Agreement of the JBCC 2000 (prepared by the Joint Building Contracts Committee Incorporation) is no exception. The amount payable to the contractor under the JBCC is triggered by the principal agent issuing a payment certificate to the employer after having assessed the amount in accordance with the value of the completed work. Clearly, then, the principal agent is permitted a degree of discretion in making that assessment.
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- Application to court for an order placing a company under supervision and commencing business rescue proceedings in terms of section 131 of the 2008 Companies Act
The two most recent judgments relating to Chapter 6 of the Companies Act 71 of 2008 (as amended) (the “2008 Companies Act”) are a judgment by Rogers, AJ in Cape Point Vineyards (Proprietary) Limited v Pinnacle Point Group Limited (Western Cape High Court Judgment, case no 12746/2011) and a judgment by Makgoba, J in Swart, R A v Beagles Run Investments 25 (Proprietary) Limited (North Gauteng High Court Judgment, case no 26597/2011).
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- When does freedom of expression win the race?
Section 16 of the Constitution of the Republic of South Africa guarantees the right to express oneself freely, the oldest justification for such freedom being the pursuit of truth and liberty. There is always a balancing act that must however be performed when an expression has the propensity to affect or harm others, notwithstanding the context within which such expression is made.
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| team members focus |
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Mandy Munro-Smith
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Mandy Munro-Smith is a partner at Bowman Gilfillan and was admitted as an attorney in 1996. She has 17 years experience in forensic investigation and is a Certified Fraud Examiner with the International Association of Certified Fraud Examiners.
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Matthew Purchase
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Matthew is a partner in the forensic and white collar crime practice area focusing on forensic investigations and related litigation. He is a director and executive committee member of the South African Chapter of the Association of Certified Fraud Examiners and the author of the South African Chapter of the International Investigations Review.
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Johan Kruger
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Johan is a partner in the forensic and white collar crime practice area. He is currently focused on the investigation of a number of investment schemes on behalf of the SA Reserve Bank where he holds an appointment as a temporary inspector of Banks. He also lectures part time at UNISA in forensics.
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Gordon Rushton
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Gordon Rushton is a partner at Bowman Gilfillan having been appointed as a partner at Findlay & Tait in 1989. He specialises in commercial litigation, insurance law, construction law, arbitration and municipal law, with forensic investigations being his particular expertise.
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