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SchoemanLaw Inc
Cession – How, when and why does it matter?

Cession – How, when and why does it matter?

by Nicolene Schoeman-Louw | May 4, 2023 | Civil Litigation and Alternative Dispute Resolution, Commercial law, Contract Drafting

Introduction Often when we do not provide personal surety, the security of a loan can take the form of a cession. Therefore, the theory behind what we agree to when we agree to a cession is critical.  South Africa has two types of cession: out-and-out and...
Grounds and avenues of review in administrative law: Understanding the rules and paths for scrutinising administrative action

Grounds and avenues of review in administrative law: Understanding the rules and paths for scrutinising administrative action

by Johan de Lange | May 3, 2023 | Civil Litigation and Alternative Dispute Resolution

Introduction  Administrative law is a critical area that governs the power exercised by administrative bodies and officials. In reviewing administrative action, the courts rely on specific grounds and avenues to determine whether the action taken by an...

Removal from Debt Review

by Annelise Petzer | Apr 25, 2023 | Civil Litigation and Alternative Dispute Resolution

Introduction  The National Credit Act (NCA) provides for a mechanism known as debt review, which intends to provide consumers with a means of restructuring their debts and avoiding the consequences of default, such as legal action and blacklisting. However, it is not...
Money Money Money

Money Money Money

by Robyn Shepherd | Mar 28, 2023 | Civil Litigation and Alternative Dispute Resolution, Publications

Once a judgment has been handed down, the successful party is generally awarded costs. This is decided upon the Court’s discretion. Courts may choose not to award costs or only partially award costs. The Court will set a tariff of the costs, and the party who is...
Business email compromise and the dangers they bring

Business email compromise and the dangers they bring

by Yasmina Griesel | Mar 23, 2023 | Civil Litigation and Alternative Dispute Resolution, Publications, Tech Law

Business Email Compromise (“BEC”) is a new tactic developed and adopted by cyber-criminals who aim to defraud small to medium businesses and/or their consumers. In summary, it is when cyber-criminals gain access to the email addresses of businesses and use that...
The litigation process in South Africa

The litigation process in South Africa

by Celesté Snyders | Mar 16, 2023 | Civil Litigation and Alternative Dispute Resolution, Publications

Litigation in South Africa commences when you take legal action by taking a matter to Court. The process starts by issuing a summons. First, you need to determine which Court has jurisdiction; once you have determined the Court, you attend to the Court to issue your...
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Recent Posts

  • Safeguarding Consumer Rights: Defective Vehicle Purchases
  • Laws of Evidence in Litigation: Deciding the Fate of a Case
  • Terminating a Contract: Rights, Procedures & Aftermath
  • The Conveyancing Process: A Guide for Business Owners
  • Understanding Contractual Mistakes

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