Application Proceedings In Civil ProcedureThere is no clear standard set forth in G.S. 28A-two-6(e) regarding the physical exercise of the clerk’s discretion not to apply a rule. Despite the fact that the Code of Civil Process elaborates in which way legal proceedings have to be commenced and which formalities and guidelines of conduct have to be followed during proceedings, it doesn’t indicate if the case ought to be brought before a court by a writ of summons or by an application. The application for the extension of time can take place at any time in the proceedings if one party needs to extend time in order to meet some essential deadline. Exactly where a defence is on the merits, the defendant files a plea where the defence is on a technicality, the defendant either files an exception or an application to strike out.

The Supreme Court Guidelines supply that in instances of urgency ‘the … Read the rest >>>

Civil Liability ConventionWith a series of Bills on merchant shipping, South Africa is about to fall into line with international conventions on oil pollution at sea. In witness whereof the undersigned being duly authorized by their respective Governments for that goal have signed this Convention. On presentation of this blue card to the flag state registry, an owner has received in return a CLC certificate. The total aggregate amount of compensation payable for one incident under the Civil Liability Convention and the 1992 Fund Convention is 203 million SDR.

When oil has escaped or has been discharged from two or a lot more ships, and pollution harm outcomes therefrom, the owners of all the ships concerned, unless exonerated beneath Post III, shall be jointly and severally liable for all such harm which is not reasonably separable. The third tier of the scheme is provided by the Protocol of 2003 to the 1992 … Read the rest >>>