The enforceability of restraint of trade agreements against employees
WE often receive instructions from anxious clients to either enforce restraint of trade agreements or to evade them. What is surprising, however, are some common misunderstandings regarding these agreements and the relevant legal principles. The starting point, of course, is that there needs to be an agreement. There is no right, in the absence of […]
Enforcement of Maritime Claims
South Africa remains an attractive jurisdiction within which to enforce civil maritime claims. Ships may be arrested in respect of claims to be pursued in South Africa or elsewhere for the likes of damage to cargo, unpaid crew wages and ship mortgage debts. In addition, it is possible to arrest what is referred to as […]
Owners in rough terrain over land compensation
Is South Africa heading towards expropriation without compensation? The constitution provides landowners with protection from being arbitrarily deprived of propertywhich may only be expropriated subject to the landowner being compensated. With the promulgation of the Expropriation Bill and the Preservation and Development of Agricultural Land Framework Bill on the horizon, it appears as if the […]
Flexible Restructuring In Business Rescue
Business rescue presents an opportunity for a more flexible approach to company restructuring. A number of corporate steps can be taken to restructure a company. These include the issue of shares, a change in the terms or classification of issued shares, a share buyback or any other scheme of arrangement. There is usually a range […]
Security arrest of a vessel
South Africa is one of few jurisdictions that empowers its courts exercising admiralty jurisdiction to order the arrest a vessel for the sole purpose of obtaining security for a maritime claim instituted, or to be instituted, in a foreign jurisdiction, where both the Plaintiff and Defendant are foreigners (peregrini) of South Africa. Section 5(3) of […]
Trusts play important role and are here to stay
The Davis Tax Committee report on estate duty indudes recommendations regarding the taxation of tmsts. Trusts are creatures both of statute and common Jaw and have developed over many decades. Trusts have various uses including protection of assets from creditors, continuity of ownership on death of the estate planner, preservation of wealth, control of financial […]
Encroachers beware, ownership rights are still sacrosanct
A land owner has the right to the full use and enjoyment of his property without disturbance caused by any permanent physical intrusion or encroachment onto the property. There has been contention in our law on what the appropriate remedy is for an owner whose property is encroached upon, for instance, by his neighbour’s building […]
Prescribed PMBs and medical savings accou
The interpretation of prescribed minimum benefit (PMB) regulations, which the Council for Medical Schemes (the Council) has adopted has been, and still is, the subject of much debate. This has predominantly involved Regulations 8(1) and 8(2) relating to the “pay in full” and “designated service provider” provisions. Regulation 10(6) is, however, also relevant, perhaps more […]
Contract cancellation by email comes up trumps
Modern business is fast-paced, often concluded in a rush of e-mails, phone calls and even by SMS or WhatsApp. The law can be slow in keeping up with advancements in technology and needs to be adapted and interpreted by courts in a way that is sensible in the 21st century. Often a contract will contain […]
Taking legal matters to new frontiers
law firms in town. Many are big national names. However, one of these firms fiercely guards its independence as a home grown success story that can better rise to the challenges faced by Durban companies. Michael Jackson, the managing partner at Cox Yeats, which offers a wide range of commercial legal services, believes the somewhat […]