Precedents for Applications in Civil Proceedings

Product Details:
Author(s):
Van Blerk, Peter
Year Published:
2018
Edition
1st Edition
Type:
Print | Soft Cover
Language:
English
About this publication
Precedents for Applications in Civil Proceedings has been written to assist all, from aspirant novices to experienced practitioners. The book contains more than 100 examples covering an extensive range of more than 50 subjects, with commentary on the requirements of applications and the identification of typical defences.
Precedents for Applications in Civil Proceedings comprises four parts:
Part 1 – Introduction and General Guidelines: advice on drafting with emphasis on application papers;
Part 2 – Generic Applications and General Matters: generic applications such as interdicts, reviews, appellate applications and the like;
Part 3 – Procedural, Interlocutory and Incidental Applications Matters: An extensive range of interlocutory, incidental and procedural applications;
Part 4 – Specific Substantive Applications: Comprising a wide range of subjects with commentary and precedents thereon.
Key Features
The book serves as an indispensable tool for vocational training for both attorneys and advocates;
It can be used by candidate attorneys and junior practitioners to prepare basic applications, such as those to compel further particulars or discovery, the amendment of pleadings, rescission of judgments and separation of issues, to mention but a few;
For more experienced practitioners there are a wide range of subjects, including complex applications from access to information, anti-dissipation relief and Anton Piller applications to trade marks, unlawful competition and wills.
Assists practitioners of various levels of experience to quickly learn areas of law and draft the appropriate applications in the areas discussed
Contains over 100 examples for readers to refer to
Content
General approach to drafting
Application proceedings—general guidelines
Interdicts
Incidental and procedural applications—general approach 
Reviews
Urgent applications
Declaration of rights
Parties—who is to be joined and how are they to be cited?
Class action
Service where the leave of the court is required
Joinder, intervention and consolidation
Compelling further particulars
Condonation and extension of time
Amendment of pleadings and other documents
Irregular proceedings
Rescission and variation of judgments and orders
Separation of issues
Discovery
Production of documents by subpoena
Application to enforce settlement
Interim relief pending matrimonial matters
Suspension of orders
Security for costs
Access to information
Administrative law
Anton Piller
Arbitration
Asset preservation and anti-dissipation applications
Banking
Business rescue
Company law—select topics
Constitutional litigation
Consumer credit
Contractual claims: general
Contractual claims: with statutory and other legal restrictions
Conventional Penalties Act
Defamation
Ejectment
Family law: divorce and related matters
Immovable property
Jurisdiction
Liens: release of right of retention
Mandament van spolie
Mistake and misrepresentation: avoidance of contracts
Partnerships
Prescription and time bars
Privacy
Recovery of movables
Res judicata and lis alibi pendens
Restraints of trade
Sequestrations and liquidations
Specific performance and contempt proceeding
Suretyships
Trade mark infringement
Trusts
Unlawful competition
Wills and estates
List of examples
Table of Cases
Table of Regulations and Rules
Table of Statutes
Keyword index
Interest / Benefit to