News and Commentary
Harvard Law School Library plans to make collection available free online
The Harvard Law School Library has one of the most extensive collections of legal texts in the world. The Library recently announced that it plans to scan almost every volume in its shelves and...
Fascinating new book released on Forensic Investigation
"Because a case in court in only as good as the investigation that has been conducted by the police, this book is set to play a significant role in ensuring that current and future generations of...
Defamation – Exercise caution with what you post on Facebook and other social media platforms
The District Court of Western Australia ruled in favour of Ms Massy, a woman who had posted a review of an accountant on the UK Immigrants Group Facebook Page. She called the accountant...
Cohabitation and the reciprocal duty of support
For many years South African courts have emphasized the importance of marriage as a social institution and valued the rights and obligations that flow from it. One of the most important obligations...
Rood reviews: Crime Scene Investigation by Hendrik Lochner and Rudolph Zinn
The Rule of Law as a fundamental principle of our constitutional state is only a reality if crime, irregularities or transgressions are detected, investigated, and the perpetrators identified and...
Happy Halloween!
It has been said that Halloween’s origins date back to the Ancient Celtic Festival of Samhain. What is now more of an American tradition, originated from the Celts, who lived in and around what is...
Trademarks and Chocolate
The German Federal Court of Justice has recently decided in favour of Lindt and its chocolate bear in a golden wrapping (a well-known favourite during the festive season). The court found that the...
“Companies to be formed”- are they on the shelf?
"Earlier this year, the Durban High Court discussed the meaning of the words "company to be formed" in a sale agreement. Three businessmen decided to purchase immovable property which would...
Book Review: Fundamental Rights in South Africa by F. Venter
"Fundamental rights lie at the heart of the South African legal order. Their wide scope and central place in the supreme Constitution to which all law and legally relevant conduct are subject...
Africa Oil Week
The 22nd annual Africa Oil Week kicks off today in Cape Town. The weeklong conference boasts a 100 speaker line-up from Governments, leading companies, and key players inside Africa’s oil and gas...
Promotion of Access to Information Act 2 of 2000 (“PAIA”) – is your company PAIA compliant?
Is your company required to provide a manual in terms of Section 51 of PAIA? The Minister has exempted all private companies from providing PAIA manuals, unless that company falls within one of the...
Australian Court imposes penalty for false or misleading claims by Homeopathy practitioner
The Australian federal Court has ordered the company Homeopathy Plus to pay penalties of $115,000 and its director, Frances Sheffield, to pay $23,000 for making false or misleading representations...
New legislation to make South African mine dumps and stockpiles more environmentally friendly
Mining waste is no longer regulated by the Mineral and Petroleum Resources Development Act and instead finds itself more appropriately under the National Environmental Management Waste Act. Under...
The use of replacement labour during protected strikes – SACCAWU V SUN INTERNATIONAL
Trade Union SACCAWU(the Applicant) sought an order against Sun International (S.I,.) on the following terms: Declaring S.I.'s unlimited duration lock out is not in response to strike action;...
FWB Director attends annual meeting of the International Bar Association in Austria
Melanie Kilian of Fairbridges Wertheim Becker attended the annual meeting of the International Bar Association (IBA) in Vienna, Austria in October 2015. Over 6000 attorney delegates from all over...
Full transcripts of JSC interviews available here
Last week the Judicial Service Commission (the JSC) interviewed candidates for various judiciary positions in the High Courts of South Africa. If you've missed the media reports, you can find the...
Court finds that insurer cannot repudiate a claim based on the insured’s failure to disclose a previous incident
The Court has recently decided against Outsurance in Jerrier v Outsurance Co Ltd 2015 (5) SA 433 (KZP), having concluded that an insurer cannot repudiate a claim just because the insured failed to...
FWB at the Standard Bank Golf Day, Cancer Foundation, Johannesburg
The Fairbridges Wertheim Becker team attended a Standard Bank Golf Day on 9 October 2015 in aid of the Cancer foundation. Blair Wassman, Richard Hutchinson and Jayson Rebelo of the Johannesburg...
Does liability automatically ensue if there is a statutory duty to act?
In 2004, a UK tourist went on a tandem paragliding flight near Hermanus in the Western Cape, which left her paralysed after the paraglider lost height and manoeuvrability, resulting in a collision...
Fairbridges Wertheim Becker supports the Global March for Elephants, Lions and Rhinos
On Saturday, Kirstenbosch National Botanical Gardens in Cape Town hosted the Global March for Elephants, Rhinos, and Lions to help raise awareness for our threatened wildlife. One hundred and twenty...
“Same same…but different”: Trademarks, brands, and the fight against counterfeit goods that rages on
Counterfeit goods are goods that fraudulently imitate and use another's brand name to lead consumers into believing that they are buying the genuine product (although some consumers may knowingly...
Events in Cape Town: The Muizenberg Festival 6 – 11 October 2015
The Muizenberg Festival begins today and runs for six days until Saturday 11 October. The festival is an annual celebration of the eclectic suburb which aims to showcase its commitment to creative,...
Connections, a quarterly publication from Terralex
This quarterly publication from Terralex features articles authored by practitioners across the globe.
Summonses, judgments and liquidations drop – some statistics showing trends in litigation by Louis Rood, Consultant at Fairbridges Wertheim Becker (Cape Town)
Statistics South Africa reports that the number of civil summonses issued for debt in the country dropped by 11% from May 2014 to May 2015. This mirrors a steady decline in the number of civil...