South Africa: Litigation, Mediation & Arbitration

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
No Easy Escape From Gauteng’s Mandatory Mediation Regime
A recent Gauteng High Court judgment confirms that mandatory court-annexed mediation cannot be avoided simply because parties are hostile toward each other or believe the process will be futile. The court ordered an uncooperative defendant to participate in mediation, establishing that only exceptional circumstances will excuse parties from the process introduced by the Directive and Protocol.
South Africa Litigation
CD
Cliffe Dekker Hofmeyr
Article
Rescission Refused: Negligence Is Not Good Cause Under Rule 42(1)(a) Or The Common Law
The Supreme Court of Appeal examines whether a pension fund can successfully rescind a default judgment when its absence from proceedings resulted from internal administrative failures. The case explores the boundaries between procedural error and voluntary default, testing whether gross negligence in responding to legal process can be excused by the strength of a potential defence.
South Africa Litigation
E
ENS
Article
Aspiring Legal Practitioners Must Demonstrate Honesty And Integrity In The Admission Process
A KwaZulu-Natal High Court judgment dismisses an aspiring legal practitioner's application for leave to appeal after she was found to have made deliberate false statements and material non-disclosures under oath during her admission application. The court's decision reinforces the profession's unwavering standards for honesty and integrity, distinguishing between negligent omissions and deliberate dishonesty in the admission process.
South Africa Litigation
E
ENS
Article
The MV Haralambos: What The SCA's Latest Associated Ship Judgment Means And The Questions That It Leaves Open
The Supreme Court of Appeal's recent judgment in the MV Haralambos case has sparked significant debate in South Africa's maritime community by upholding a vessel arrest based largely on commercial database evidence. The decision addresses the challenging question of proving common control between ship-owning companies when beneficial ownership information is not publicly available, potentially reshaping the evidentiary landscape for associated ship arrests. At the heart of the controversy lies whether comme
South Africa Litigation
E
ENS
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Related Country Guides

IA
International Arbitration
LD
Litigation Dispute Resolution
EF
Enforcement of Foreign Judgments

Disclosure & Electronic Discovery & Privilege

Article
Litigation Privilege And Insurer-commissioned Expert Reports: A Recent Reaffirmation
A High Court judgment has reinforced the protection of litigation privilege for expert reports commissioned by insurers during pending litigation. When a loss adjuster's preliminary report was requested for disclosure, the court examined whether it qualified for privilege protection and what implications this holds for the insurance industry's handling of expert assessments in claims disputes.
South Africa Litigation
AA
Adams & Adams
Article
When Is A Document Privileged?
The Gauteng High Court's judgment in TMM Holdings v Skycastle Securities examines when litigation privilege protects documents from disclosure, specifically addressing whether insurance claim forms and investigative reports created for multiple purposes qualify for privilege. The court applied the dominant purpose test to determine if documents prepared simultaneously for insurance claims, internal investigations, and potential litigation must be disclosed in discovery proceedings.
South Africa Litigation
E
ENS
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Arbitration & Dispute Resolution

Article
No Easy Escape From Gauteng’s Mandatory Mediation Regime
A recent Gauteng High Court judgment confirms that mandatory court-annexed mediation cannot be avoided simply because parties are hostile toward each other or believe the process will be futile. The court ordered an uncooperative defendant to participate in mediation, establishing that only exceptional circumstances will excuse parties from the process introduced by the Directive and Protocol.
South Africa Litigation
CD
Cliffe Dekker Hofmeyr
Article
Rescission Refused: Negligence Is Not Good Cause Under Rule 42(1)(a) Or The Common Law
The Supreme Court of Appeal examines whether a pension fund can successfully rescind a default judgment when its absence from proceedings resulted from internal administrative failures. The case explores the boundaries between procedural error and voluntary default, testing whether gross negligence in responding to legal process can be excused by the strength of a potential defence.
South Africa Litigation
E
ENS
See more

Court Procedure

Article
No Easy Escape From Gauteng’s Mandatory Mediation Regime
A recent Gauteng High Court judgment confirms that mandatory court-annexed mediation cannot be avoided simply because parties are hostile toward each other or believe the process will be futile. The court ordered an uncooperative defendant to participate in mediation, establishing that only exceptional circumstances will excuse parties from the process introduced by the Directive and Protocol.
South Africa Litigation
CD
Cliffe Dekker Hofmeyr
Article
Aspiring Legal Practitioners Must Demonstrate Honesty And Integrity In The Admission Process
A KwaZulu-Natal High Court judgment dismisses an aspiring legal practitioner's application for leave to appeal after she was found to have made deliberate false statements and material non-disclosures under oath during her admission application. The court's decision reinforces the profession's unwavering standards for honesty and integrity, distinguishing between negligent omissions and deliberate dishonesty in the admission process.
South Africa Litigation
E
ENS
Article
Rescission Refused: Negligence Is Not Good Cause Under Rule 42(1)(a) Or The Common Law
The Supreme Court of Appeal examines whether a pension fund can successfully rescind a default judgment when its absence from proceedings resulted from internal administrative failures. The case explores the boundaries between procedural error and voluntary default, testing whether gross negligence in responding to legal process can be excused by the strength of a potential defence.
South Africa Litigation
E
ENS
See more

Trials & Appeals & Compensation

Article
No Easy Escape From Gauteng’s Mandatory Mediation Regime
A recent Gauteng High Court judgment confirms that mandatory court-annexed mediation cannot be avoided simply because parties are hostile toward each other or believe the process will be futile. The court ordered an uncooperative defendant to participate in mediation, establishing that only exceptional circumstances will excuse parties from the process introduced by the Directive and Protocol.
South Africa Litigation
CD
Cliffe Dekker Hofmeyr
Article
Aspiring Legal Practitioners Must Demonstrate Honesty And Integrity In The Admission Process
A KwaZulu-Natal High Court judgment dismisses an aspiring legal practitioner's application for leave to appeal after she was found to have made deliberate false statements and material non-disclosures under oath during her admission application. The court's decision reinforces the profession's unwavering standards for honesty and integrity, distinguishing between negligent omissions and deliberate dishonesty in the admission process.
South Africa Litigation
E
ENS
Article
The MV Haralambos: What The SCA's Latest Associated Ship Judgment Means And The Questions That It Leaves Open
The Supreme Court of Appeal's recent judgment in the MV Haralambos case has sparked significant debate in South Africa's maritime community by upholding a vessel arrest based largely on commercial database evidence. The decision addresses the challenging question of proving common control between ship-owning companies when beneficial ownership information is not publicly available, potentially reshaping the evidentiary landscape for associated ship arrests. At the heart of the controversy lies whether comme
South Africa Litigation
E
ENS
See more

Latest Videos

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