Court Litigation Articles | Pamela Waters-Oosthuizen Attorney & Conveyancer

COURT LITIGATION

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THE COURT SPEAKS : HIGH COURTS JURISDICTION EXTENDS TO LOWER COURTS

SUPREME COURT OF APPEAL FLEXES ITS MUSCLES and rules High Court is obliged to entertain matters that fall within the jurisdiction of a Magistrates Court (lower court) if brought before it because it has concurrent jurisdiction with the lower court; clients/financial institutions are not obliged to consider costs implications or access to justice..

CAN YOU CLAIM FOR DAMAGES FOR EMOTIONAL SHOCK AND DISTRESS WHEN WITNESSING A TERRIBLE ACCIDENT?

Can a claimant who has witnessed a terrible accident, but who was not injured in the accident, claim damages for their emotional shock and distress? Way back in 1972, the Appellate Division delivered judgment on an appeal dealing with this issue. The court a quo had held that “according to South African law delictual damages could not be claimed for mental shock or psychological impairment where such shock or impairment did not result from physical injury”. How did the Appellate Division deal with the appeal?

Courtesy of SAFLII http://www.saflii.org/

Refresh your memory, full judgment here: http://saflii.org/za/other/ZAENGTR/1972/1.html

IS THE ROAD ACCIDENT FUND’S LITIGATION IN URGENT NEED OF REVIEW?

The Road Accident Fund (RAF) regularly laments its precarious financial position and has consistently blamed legal practitioners for this. One of the RAF expenses that had alarmingly burgeoned, is the amount spent by the RAF on litigation. The following table based on RAF annual reports shows a phenomenal increase of 120% from 2005 to 2017.

By Prof Hennie Klopper BA LLD (UFS) an Emeritus Professor in the Department of Private Law at the University of Pretoria and a legal practitioner at HB Klopper Attorney in Pretoria.

Read the full article here: http://www.derebus.org.za/is-the-road-accident-funds-litigation-in-urgent-need-of-review/

WHAT IF YOU MISS SOMETHING IMPORTANT IN YOUR CASE PREPARATION?

Whether acting for or against an individual or an organisation, there are no second chances when presenting a case to a judge. Litigators need to be sure that they have prepared an effective and comprehensive case and that they have conducted their research with due diligence to ensure that they are representing their client in the best possible manner.

Issued by LexisNexis

Read the full article here: https://www.bizcommunity.com/Article/196/546/194868.html

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Court Litigation