Paula Kennedy Smith

We are proud to announce that Megan Scott has been promoted to an Associate at Dingley Marshall Lewin.

31st August 2021|Litigation|

Megan was admitted as an attorney in December 2018 and joined our firm in 2019. She has worked in our litigation department for over 2 years and has gained experience working and advising on various matters including disputes involving commercial and non-commercial agreements, property and labour disputes, e-commerce and consumer rights, company and insolvency law.

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Law and Jurisdiction – considerations for South African Companies contracting with an international company

1st February 2016|Articles, Commercial Law|

As the world grows smaller and international contracting opportunities rise, South African companies are increasingly doing business with overseas companies. When contracting with an organisation based outside South Africa it is important to address the issues below. Which law applies? The law applicable to the contract will be the law chosen and nominated by the

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Act now – POPI is almost law!

11th October 2013|Articles, Privacy Law, Regulatory Law|

The Protection of Personal Information Bill (“POPI”) will place substantial obligations on employers (both individuals and juristic entities) is expected to be enacted soon. It was submitted to the President for signature on 20 August 2013. POPI will allow for and provide conditions on the lawful processing of personal information. It will give effect to

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Genetically modified (“GM”) food labelling – a proposed amendment to the Consumer Protection Act regulations

1st November 2012|Articles, Consumer Law, Regulatory Law|

It has long been argued by large food producing companies that the labelling laws in this country are uncertain. This argument has often resulted in many of these companies refusing to label food with the relevant GM ingredients. However, consumer groups say that the correct interpretation of the Consumer Protection Act is that all food

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Are Disclaimers and Exclusionary Clauses still valid for Property Owners?

19th September 2012|Articles, Commercial Law, Litigation, Property Law|

A recent decision by the High Court in Naidoo v Birchwood Hotel (2010/47765) [2012] ZAGPJHC 59 (3 April 2012) has rendered disclaimers and exclusion clauses less reliable protection than they previously gave to property owners. It is important that they remain in place, visible and clear but it is vital to limit risk by regularly

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Mediation – Does it avoid the often Pyrrhic Victory of Litigation?

16th August 2012|Articles, Litigation, Mediation|

Mediation is the intervention into a dispute by an acceptable, impartial and neutral third party who assists the parties in voluntarily reaching a mutually acceptable settlement of the issues in dispute. The settlement can become binding if signed by the parties. It can be undertaken prior to litigation commencing or during the litigation process and

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Expropriation and Compensation

17th January 2012|Articles, Litigation, Property Law|

Late in 2011 the Constitutional Court made a decision allowing the expropriation of property prior to compensation being determined. As a result it is therefore now possible for a homeowner to lose their property before knowing what they will receive in compensation. With regard to expropriation, the decision placed public interest above private ownership. The

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Franchises and the Consumer Protection Act, No 68 of 2008 (the “CPA”)

17th November 2011|Articles, Commercial Law, Consumer Law|

With the popularity of franchises on the increase, it is no surprise that a legal regulation framework has been developed. The CPA’s effects on the franchise industry in South Africa are far reaching as it provides that the established threshold, which determines whether or not a transaction will fall within the scope and ambit of

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