SHAPING THE LAW
LindsayKeller represents clients in a range of legal matters, including important legal matters. Our extensive involvement in cases that are reported for setting legal precedent demonstrate how we contribute to shaping the legal landscape in our everyday work.
2007 (5) BCLR 457 (CC), 2007 (6) SA 283 (SCA)
On behalf of the respondent.
Deals with the constitutionality of time bars and the interpretation of regulations or statutes.
2015 (6) (SA) 237 (SCA)
This matter dealt with the interpretation of regulations issued under the Road Accident Fund Act and in particular whether it is possible to comply with regulation 3 in the absence of ministerial guidelines, if the regulations provided for guidelines to be issued by the minister.
(319/13) (2014) ZASCA 55 (16 April 2014)
On behalf of the defendant.
Deals with the interpretation of Section 17 of the RAF Act and the difference between identified and unidentified claims.
ZASCA 73 [2013]
On behalf of the appellant.
The matter deals with the requirements which would enable a minor, who was assisted by his/her guardian at the time, to set aside contracts that were concluded on his/her behalf.
2013 1 All SA 543 SCA
On behalf of the appellant.
The interpretation of the Regulations promulgated under the Road Accident Fund Amendment Act and in particular the interpretation of the process dealing with non-pecuniary damages.
2012 (6) SA 377 (SCA)
On behalf of the defendant.
Deals with permanent life partners, whether they are entitled to loss of support in the case of death without being formally married..
2006 (5) SA 583 (SCA)
On behalf of the appellant.
Deals with contingency deductions on loss of income claims.
2005 (4) SA 51 (SCA)
On behalf of the appellant.
Deals with the interpretation of regulations or statutes.
2004 (2) SA 258 (SCA)
On behalf of the appellant.
Deals with the effect of WCC payment on delictual damages when there is an apportionment of liability.
2003 (3) SA 119 (SCA)
On behalf of the appellant.
Deals with potential fraud and deeming provisions in Customary Unions in terms of section 32 of the (now repealed) Black Admin Act.
2002 (1) SA 578 (SCA)
On behalf of the appellant.
Effect on damages if licensed taxi diverts from its route and causes an accident.
2005 (5) SA 588 (SCA)
On behalf of the appellant.
Deals with various issues, third-party joiners, multiple defendants, the role of reconstruction experts in determining negligence and negligence in a right-hand-turn scenario.
1994 (3) SA 356 (A)
On behalf of the respondent.
The definitive matter that delineated the effect of co-insurers’ clauses and the obligations of co-insurers if the lead insurer pays.
2012 JDR 1361 (GNP) [decision of full bench on appeal]
On behalf of the defendant.
Deals with the interpretation of Section 17 of the RAF Act and the difference between identified and unidentified claims.
2009 JDR 1136 (GNP) [decision a quo]
On behalf of the defendant.
Deals with the interpretation of Section 17 of the RAF Act and the difference between identified and unidentified claims.
2007 3 All SA 531 (W)
On behalf of the defendant.
Approach to be adopted in the calculation of quantum for loss of earning capacity and general damages.
2003 (3) SA 439 (W)
On behalf of the defendant.
The court a quo’s decision, see SCA decision above.
2003 (3) SA 461 (W)
On behalf of the defendant.
Deals with a review relating to taxation of costs where a separation of merits and quantum has been ordered, in particular which costs are recoverable after the first stage of proceedings.
2002 (6) SA 383 (W)
On behalf of the defendant.
The court a quo’s decision, see SCA decision above.
1998 (3) SA 546 (W)
On behalf of the respondent.
Deals with the role of discharge forms in short-term insurance contracts.
2010 (6A4) QOD 1 (GSJ)
On behalf of the defendant.
Very severe brain damage – quantification of damages.
2009 (1) SA 265 (SCA)
On behalf of the appellant.
Setting out the liability, if any, of principals for the negligent acts of independent contractors.
2001 (4) SA 1269 (W)
On behalf of the respondent.
Deals with the interpretation of section 29 (1) of the Close Corporations Act 69 of 1984.
1999 (2) SA 110 (W)
On behalf of the applicant.
Whether the Court’s ratification of an act by the applicant applies retrospectively.
1997 (4) SA 540 (C)
On behalf of the applicant.
Deals with compliance with a provision of section 8A (2) of the Share Block Control Act 59 of 1980.
1998 (2) SA 519 (W)
On behalf of the applicant.
Deals with consistency between the Insurance Act 27 of 1943 and the Companies Act 61 of 1973.
1995 (4) SA 1016 (T)
On behalf of the applicant.
Deals with the interpretation of the Companies Act 61 of 1973.
2013 1 All SA 543 SCA
On behalf of the appellant.
The interpretation of the Regulations promulgated under the Road Accident Fund Amendment Act and in particular the interpretation of the process dealing with non-pecuniary damages.
2013 (2) SA 583 (GSJ)
On behalf of the intervening party.
Deals with the legality of common law contingency fee agreements and the Contingency Fees Act.
2013 JDR 0409 (GNP) [Full bench sitting as court of first instance]
On behalf of the third respondent.
Deals with the legality of common law contingency fee agreements and the Contingency Fees Act.
1991 (3) SA 523 (A)
On behalf of the appellant.
Deals with the validity of an offer of settlement.
2002 (2) SA 199 (T)
On behalf of the defendant.
Deals with vicarious liability of employer for the delictual acts of employees.
2003 SA 83 (SCA)
On behalf of the respondent.
The definitive matter on vicarious liability and how it should be determined.
2003 (1) SA 664 (SCA)
On behalf of the appellant.
Deals with common law licensing agreements.
1999 (4) SA 462 (W)
On behalf of the appellant.
Deals with rescission of a default judgment.
1990 (1) SA 393 (W)
On behalf of the applicant.
Deals with application in terms of rule 24 (2) of the Uniform Rules of Court for leave to institute a claim in reconvention.
(2) 1987 (4) SA 850 (W)
On behalf of the respondent.
Deals with security for costs.
(2) 1987 (4) SA 861 (W)
On behalf of the first respondent.
Deals with discretion of a court to discharge a Rule Nisi.
1980 (3) SA 687 (W)
On behalf of the applicant.
Deals with unfair competition, dishonest use of confidential information.
1980 (4) SA 279 (W)
On behalf of the applicant.
Deals with a court’s jurisdiction regarding an application by a peregrine.
1993 (3) SA 738 (W)
On behalf of the applicant.
Registration of a legal servitude.
1985 (2) SA 498 (W)
On behalf of the applicant.
Deals with the interpretation of a clause in a sale of immovable property contract.
1999 (4) SA 216 (C)
On behalf of the applicant.
Deals with the effect of compulsory sequestration.
1977 (1) SA 190 (W)
On behalf of the respondent.
Effect of a clause prohibiting alienation of immovable property except testamentary position.
1977 (1) SA 899 (T)
On behalf of the applicant.
Interpretation of Rule 32 (5) of Magistrate’s Court Rules in Act 32 of 1944.