Law

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In this set of notes, I will be delving into the intricate world of legal costs, shedding light on a topic that often remains misunderstood. Understanding the different scales on which legal costs are awarded and recoverable is crucial for both clients and legal practitioners alike. These scales include party and party, attorney and client, and attorney and own client.

This dissertation seeks to explore the judiciary as an independent and separate arm of government. In doing so, this dissertation attempts to provide a holistic analysis of the constitutional and legislative framework that has been established to protect both individual and institutional independence of the judiciary in South Africa. The question that will be asked is whether such mechanisms are consistent with the section 165 of the Constitution. Central to this analysis is whether th...

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In these notes, we step into the shoes of the defendant, alternatively the defendant’s attorneys, by discussing what to do upon receipt of a summons. If you are served with a summons, it means that another person or entity has instituted legal action against you for certain relief. A template of a notice of intention to defend is also included.

In these notes, I provide some much-needed practical information on the steps one must follow if they have just been in a car accident (once the initial shock has alleviated slightly).

In these notes, we will be drafting particulars of claim wherein we will be claiming damages arising from a delict (AKA delictual damages). Claims for delictual damages can be extremely broad, whereas in these notes, we will only be looking at one example (motor vehicle accidents/collisions). Most delictual claims will however follow a similar structure, so these notes can be applied to numerous scenarios.

In this second set of notes on CaseLines, I take you through the opposed motion process, all the way from issuing to and including judgment.

For everything you need to know about South African civil law, this booklet is a must. From explaining how to draft a simple summons to complicated particulars of claim, this booklet has it all. Comprehensive templates and examples are also included so you will never have to draft a pleading from scratch again. This booklet will be updated and added to continuously.

In previous notes, we looked at the various damages claims which may be instituted under South African law. For ease of reference, the types of damages which may be claimed are: • Contractual damages; • Delictual damages; • Statutory damages; and • Constitutional damages. In these notes, we will be drafting particulars of claim wherein we will be claiming damages from the defendant arising from its breach of a contract (contractual damages). A template of the drafted particulars o...