Without Prejudice - Volume 15, Issue 7, 2015
Volume 15, Issue 7, 2015
Author David LancasterSource: Without Prejudice 15, pp 42 –43 (2015)More Less
Internal collaboration is hardwired into the DNA of many great organisations, including some of the world's leading professional services firms (and here consultants and accounting firms come to mind). Collaboration in this context means working together for the overall success of the firm, sharing work, sharing clients, and increasing the amount of work available to all professionals so as to increase revenue and profit, and better serve clients.
Author Faiz NacerodienSource: Without Prejudice 15, pp 44 –46 (2015)More Less
I've always been fascinated not only with law itself but also the business of law. The business of law is often overlooked, not as a theory but as a living concept. This is understandable. As a lawyer you are sometimes so consumed with meeting deadlines and your daily billable hours that you don't have a chance to sit back and think - am I doing the right work to sustain my practice for the foreseeable future?
Author Dale VersterSource: Without Prejudice 15, pp 48 –49 (2015)More Less
Time and time again I am quizzed by legal practitioners about whether it is possible to move from private practice to an in-house role or vice versa. Is it possible? As any good attorney would tell you, it depends. So, if you are one of those in-house legal practitioners wondering whether to return to private practice (or joining afresh), here are some thoughts.
Author Danika WrightSource: Without Prejudice 15, pp 50 –51 (2015)More Less
The use of cockpit voice recorders (CVRs) and flight data recorders (FDRs) during legal proceedings has become a highly contentious issue within the legal and aviation fields. Since the introduction of CVRs and FDRs, there appears to be an ongoing dispute between pilots, airline carriers, the media, and the legal industry regarding the use of, and access to, the significant information contained in these devices.
Author Ryan TuckerSource: Without Prejudice 15, pp 51 –52 (2015)More Less
Forum 1 and 2 Panorama Office Estate (Pty) Ltd v Indigold Cellular CC and Others (72355/09) 2015 ZAGGP (10 July 2015) dealt with, to some extent, the same issues that were dealt with by the Supreme Court of Appeal in Spring Forest Trading v Wilberry (725/13) 2014 ZASCA 178 (21 November 2014) (Spring Forest).
Author Patrick BracherSource: Without Prejudice 15, pp 56 –58 (2015)More Less
Prosecution slurs lead to overturned murder conviction
Charges dropped for cheering at graduation
US Supreme Court backs presidential power to recognise foreign sovereign
Courtroom mic left on during recess records lawyer saying prosecutor is "in my pocket"
Judge criticised for telling lawyer to shut up
Texas rejection of Confederate flag licence plate does not violate First Amendment
Restrictive signs for churches violate First Amendment
Drunk on porch is not public intoxication
FedEx pays $227M to settle claims of misclassified delivery drivers
Prosecutor's blogs were not public action
Google Earth's digital tack is not hearsay evidence
Worker correctly fired for using medical pot
Jury awards patient $500K for doctor's defamatory comments during operation
Stun-gun used on pretrial detainee may be excessive force
Lawyer shot and killed at deposition
Hit song "YMCA" returned to songwriter
Compensation for government taking rule applies to personal property
Brothers practised for 18 years without a licence
Judge blasts $5M class action fee
Author Rakhee SinghSource: Without Prejudice 15, pp 65 –66 (2015)More Less
A legal concept that requires possession to be returned to the original owner if it can be proved that it was illegally removed, appears to trump all other legal considerations. The simple application of the two leg test of the possessory remedy (commonly referred to as the mandament van spolie remedy) can result in a travesty of justice occurring.
Author Sibusiso B. RadebeSource: Without Prejudice 15, pp 66 –67 (2015)More Less
A civil claim for damages for adultery by the innocent spouse against the third party has been part of South African law as far back as 88 years ago, until recently. This claim was based on the action iniuriarum or a general remedy for the infringement of personality rights. This remedy is directed at protecting plaintiffs against wrongful and intentional infringement of personality rights and allows for the recovery of damages. The personality rights protected by this action are bodily integrity (corpus), dignity (dignitas) and reputation (fama) as derived from Roman-Dutch-Law. The damages claim in this context is essentially for loss of the benefits of family and disrespect.
Source: Without Prejudice 15, pp 68 –69 (2015)More Less
Author David ReesSource: Without Prejudice 15, pp 72 –73 (2015)More Less
27 May 2017 will be the 50th anniversary of the 1967 referendum that invited Australian voters to recognise Aboriginals as fully-fledged citizens of Australia. Now, to mark this anniversary, it is thought fitting - with rare bi-partisan political support in Canberra - that the event should be suitably celebrated; but how?
Author Eben Van WykSource: Without Prejudice 15 (2015)More Less
The by-invitation-only Cape Winemakers Guild recently welcomed Gordon Newton Johnson as the latest member to this association of the Cape's best winemakers. Invitations are only extended to winemakers who have been responsible for the production of outstanding wines for a minimum period of five years.
Author Vaughn WilliamsSource: Without Prejudice 15, pp 76 –77 (2015)More Less
I remember when Diesel cars were noisy and smoked excessively, they were driven by farmers and were frowned upon by those "in the know". Times have changed, people have changed and so have perceptions; now Diesel cars have become the market leaders in economy and technology.
Author Dewaldt Van WykSource: Without Prejudice 15, pp 78 –80 (2015)More Less
By the time this hits the presses, most news outlets will have covered the story: cyber terrorists have stolen user account information from the popular affair website Ashley Madison (AshleyMadison.com) and threaten to publicly release the data should Ashley Madison and holding company Avid Life Media (ALM) not close their doors to the public. Ashley Madison made headlines in South Africa in 2012 when a billboard entitled "Your wife is hot but so are ours!" was removed in Sandton following numerous complaints by the public.