Arbitration: Professional Service Provider v State-Owned Entity
Arbitration claim by a professional service provider against a state-owned entity for a contractual penalty following repudiation of an agreement. The arbitration is ongoing.
Arbitration claim by a professional service provider against a state-owned entity for a contractual penalty following repudiation of an agreement. The arbitration is ongoing.
An arbitration between a minority shareholder against a majority shareholder in respect of interpretation of certain clauses under the shareholders’ agreement and valuation of a put option. The minority shareholder obtained a successful award. This award was subsequently overturned by an appeal panel. The litigation has concluded.
A claim between a group of shareholders against oppressive counterpart shareholders to be declared “shareholders” in the company and be entitled to the rights assets owned by the company. The group of shareholders successfully obtained judgment in the High Court, which was successfully defended at the SCA. The litigation continues before the High Court, where …
Court Litigation and SCA Appeal Case: Group of Shareholders v Oppressive Shareholders Read More »
An arbitration between an empowerment minority shareholder against a local subsidiary of an internationally listed multinational company in respect of the exercise of a put option under a shareholders’ agreement. The minority shareholder obtained a successful arbitration award, which was subsequently reviewed and set aside by the High Court. The minority shareholder successfully appealed the …
Litigation funding occurs when a third party, with no direct interest in a legal case, finances the legal costs in return for a share of the claim proceeds if successful. “This form of finance allows proceedings to be pursued which otherwise would be hindered by a claimant’s lack of funds” explains Elad Smadja, CEO of …
Litigation Funding: Pioneering an Alternative Asset Class in South Africa Read More »
Today’s CFOs face a diverse and complex range of challenges and priorities. These include ever-present liquidity demands, increased compliance and regulatory issues, the need to optimise expense budgets, and the constant pressure to do more with less. Consequently, CFOs need to be solutions-driven and responsive in how they make decisions. Litigation finance (also called litigation …
Opinion: Litigation Funding – A CFO’S Perspective Read More »
An R80 million fund is now available to finance cases that may not have otherwise been able to proceed Taurus Capital is the first in its sector in South Africa to raise a fund of this value Johannesburg, 28 October 2020: A South African legal financing firm, Taurus Capital, has announced the availability of an …
Local Legal Financier Raises R80 million for Commercial Litigants during the Pandemic Read More »
The disclaimer that all lawyers give their clients upfront in litigation is that litigation is lengthily, expensive, and without guarantee. Disputes, however, do not have to be a binary choice of either entering lengthily acrimonious litigation, or walking away from a claim. Mediation is a recognized preliminary Alternative Dispute Resolution (“ADR”) process available to disputants …
The billable hour has been the ubiquitous billing model for litigation services in South Africa since anyone can remember. The model is that lawyers charge their time out to their clients at a set rate per hour. This devoted time is itemized in increments (e.g.: 6 minutes or 15 minutes) and then tallied up and …
This article follows our article on the game theory of litigation and its “signaling events”. One such signal is unique to a party that utilises a litigation funder and discloses its presence to their opponent. It is common in high-stakes litigation for an opportunistic defendant to adopt a dilatory strategy to frustrate the legal process and wear …