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  • All tied up in knots | Santam vs Ma-Afrika Hotels

    • 8th Oct 2021
    • Posted by: Barnard Inc
    • Categories: Commercial Litigation, COVID-19, Insurance Law, Latest News, Litigation
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    Santam must pay out contingent business interruption claims to Ma-Afrika Hotels and Stellenbosch Kitchen for the full 18-month period covered in their insurance policies, says SCA

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  • Determining the Best Debt Collection Approach

    • 30th Aug 2021
    • Posted by: Barnard Inc
    • Categories: Commercial Litigation, Company Law, Debt Collection, Latest News, Liquidation Application, Litigation
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    It is vital that any business, especially those offering products or services on credit, manage their debtors effectively, particularly in matters of payment terms.

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  • Supreme Court ruling will prompt insurers to amend their policies

    • 3rd May 2021
    • Posted by: Barnard Inc
    • Categories: Commercial Litigation, Insurance Law, Latest News
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    A recent decision of the Supreme Court of Appeal, handed down on 13 April 2021, will have a material impact on South Africa’s insurers, requiring them to review their policies.

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  • The Liquidation Application Process

    • 19th Apr 2021
    • Posted by: Barnard Inc
    • Categories: Commercial Litigation, Company Law, Latest News, Liquidation Application
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    Liquidation implies that a business is not able to pay its debt and that the company’s liabilities now exceed its assets. The liquidation of a company further entails that the company will cease to operate and that is generally due to the company’s financial problems.

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  • When Settlement Agreements become a crime

    • 22nd Feb 2021
    • Posted by: Barnard Inc
    • Categories: Commercial Litigation, Latest News
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    Settlement agreements are a useful alternative to settling a dispute between parties without resorting to litigation or adjudication by a Court.

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  • Voluntary liquidation in South Africa

    • 7th Jan 2021
    • Posted by: Barnard Inc
    • Categories: Commercial Litigation, Company Law, Latest News, Voluntary Liquidation
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    Voluntary Liquidation of a Company

    The process of liquidation involves a company (or close corporation) ceasing all trading activities, selling its company assets and then distributing the proceeds to its creditors. There are two options for the voluntary winding-up of a solvent business.

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  • Force Majeure on the fringes of the pandemic lockdowns

    • 7th Nov 2020
    • Posted by: Barnard Inc
    • Categories: Commercial Litigation, Contracts, Latest News
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    The COVID-19 pandemic-induced lockdown in South Africa has brought the legal considerations of force majeure into sharp focus across multiple industries, particularly in engineering and construction circles.

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  • Reflective Loss: Can Shareholders claim directly against Company Directors?

    • 10th Aug 2020
    • Posted by: Barnard Inc
    • Categories: Commercial Litigation, Latest News
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    The current continued climate of economic uncertainty, exacerbated by COVID-19 lockdowns, is likely to give rise to an increase in shareholder activism and potential disputes.

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