No more Lords and Ladies in our Courts
The various superior courts issue Practice Directions from time to time to update lawyers on best practices in those courts. The President of the Supreme Court of Appeal issued Practice Directions in the last few days which included this change to how lawyers should address Supreme Court of Appeal judges: The mode of address to the…
Freedom of contract and the Bill of Rights
I am doing some research in a restraint of trade matter and I came across an interesting link between the principle of freedom of contract and the Bill of Rights. In the case of Reddy versus Siemens Telecommunications (Proprietary) Limited the Supreme Court of Appeal held the following: Contractual autonomy is part of freedom informing…
Plagiarism in judges’ decisions?
Not a happy thought … The background here is a trademark dispute between The Gap and a local business called Salt of the Earth. After an 8 year battle, the judge presiding over the matter has allegedly copied most of his judgment from one party’s court papers without any reference to the arguments presented by…