South Africa Case Law

Trollip v Phatshoane Henney Attorneys (3683/2018)

Trollip v Phatshoane Henney Attorneys (3683/2018) [2022] ZAFSHC 158 (23 June 2022)

Court

Free State High Court, Bloemfontein

Case number

3683/2018

Judge

Loubser

The court found that the plaintiff, a lay person, was not informed by the second defendant that the limitation of her claim was due to his negligence. The second defendant created the impression that the limitation was caused by circumstances beyond his control and failed to disclose his omissions. The plaintiff only became aware of the relevant facts and the identity of the debtor after consulting new attorneys on 19 July 2016. The defendants failed to prove that the plaintiff had the requisite knowledge before this date. The court held that the second defendant wilfully prevented the plaint…

Source excerpt

• Prescription Act
• Professional Negligence
• Attorney Client Duties
• Wilful Concealment
• Quantification Of Damages

Cross Atlantic Properties 64 (Pty) Ltd t/a A-2 Bridging v Kruger (4496/2018)

Cross Atlantic Properties 64 (Pty) Ltd t/a A-2 Bridging v Kruger (4496/2018) [2019] ZALMPPHC 28 (19 June 2019)

Court

Limpopo High Court, Polokwane

Case number

4496/2018

Judge

EM Makgoba

The High Court found that an attorney breached a mandate to secure a bridging loan, causing the plaintiff loss and justifying attorney-and-client costs.

• Negligent Breach Of Mandate
• Attorney Client Duties
• Conflict Of Interest
• Suretyship
• Mortgage Bond Registration
• National Credit Act Compliance

Ekman v Venter & Volschenk Attorneys and Another (44655/2013)

Ekman v Venter & Volschenk Attorneys and Another (44655/2013) [2015] ZAGPPHC 358 (1 June 2015)

Court

North Gauteng High Court, Pretoria

Case number

44655/2013

Judge

C Pretorius

The High Court dismissed special pleas of prescription against attorneys who failed to timeously advise a client that his RAF claims had prescribed.

• Professional Negligence
• Prescription Act
• Road Accident Fund
• Wilful Concealment
• Reasonable Care
• Attorney Client Duties

Seevnarayan v Garlicke and Bousfield Inc (15380/2010)

Seevnarayan v Garlicke and Bousfield Inc (15380/2010) [2015] ZAKZDHC 8; [2015] 2 All SA 503 (KZD) (17 February 2015)

Court

Kwazulu-Natal High Court, Durban

Case number

15380/2010

Judge

Madondo

The High Court held that the attorneys did not cause prescription of the underlying claim, but were liable for negligently pursuing prescribed litigation and wasted costs.

• Professional Negligence
• Prescription Act
• Mandate Contract
• Attorney Client Duties
• Damages
• Legal Costs

Sandlundlu (Pty) Ltd v Shapsone and Wylie Inc. (8965/05)

Sandlundlu (Pty) Ltd v Shapsone and Wylie Inc. (8965/05) [2009] ZAKZDHC 44 (15 October 2009)

Court

Kwazulu-Natal High Court, Durban

Case number

8965/05

Judge

Nicholson

An attorney was found liable for failing to amend a lease as instructed, causing the client rental losses, arbitration costs, and related damages.

• Professional Negligence
• Breach Of Contract
• Damages Quantification
• Lease Rectification
• Attorney Client Duties
• Professional-negligence