n Without Prejudice - A novel approach to illiquid claims : the law
|Article Title||A novel approach to illiquid claims : the law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Author||Andre Vos and Kate Shaw-Scott|
|Publication Date||Nov 2010|
|Pages||42 - 43|
While we are accustomed to pursuing illiquid claims by summons, where no factual disputes are anticipated, these claims may be pursued by way of motion proceedings. The Supreme Court of Appeal (SCA) in Cadac (Pty) Ltd v Weber-Stephen Products Company also gave a wide interpretation of what constitutes court process which interrupts the running of prescription. Both issues are of special importance to litigators.
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