Articles

“Strictly” speaking

What does it mean to be held "strictly liable”? ...

To subpoena or not to subpoena an expert?

The use of expert testimony in litigation has become commonplace in our courts today. ...

Not just a walk in the park

"Lion Attack!" is just one headline in the recent months that has hit newspaper stands....

Funds, serious funds

Subsequent to the amendments of the Road Accident Fund Act (56 of 1996) the judiciary is slowly making headway into the interpretation and application of the Regulations, specifically those pertaining to general damages, as governed by s17(1A)....

Sometimes being an expert doesn’t help

Rule 36 of the Supreme Court Act 59 of 1959 makes provision for the calling of a witness to give evidence as an expert within a particular field. ...

To subpoena or not to subpoena and expert? An expert view…

The use of expert testimony in litigation has become commonplace in our courts today....

Consequences of liberating the limitation

When the Constitutional Court declared that sections 18(1)(a)(i), 18(1)(b) and 18(2) of the Road Accident Fund Act 56 of 1996 (the old Act) were unconstitutional (Mvumvu and Others v Minister of Transport and Another 2011 (5) BCLR 488 (CC)), they suspended the order for a period of 18 months to enable Parliament to cure the defect....