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Ettienne Barnard Attorneys

is the trade name of Barnard Labuschagne Inc company reg no. 1999/015298/21

Conveyancing need not be a nightmare

We can assist with the transfer of property ownership whether you are buying or selling.

Do you need a commercial attorney

We can read or draft your contract and then help you manage compliance.

Modern approach to litigation

How we keep up to date with trial developments.

Damages for Negligence

Delictual claims often depend on some negligence by others.Read about it here.

Consultations need not always be a costly affair

But let these pages help you prepare.

Consultations need not always be a costly affair

But let these pages help you prepare.

Matrimonial Dispute?

What are your rights and what is important in dealing with a marriage dispute?

Delictual Claims

Let us advise you on how to choose between claiming, defending or settling.

Risk Analysis and Avoidance

Free up your time to focus on your business expertise. We can assist to take care of the legal stuff.

Community involvement

We actively participate in Legal Profession Development for the benefit of the community.

A little more about us

Read about our 21 years in law.

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LITIGATORS, NEGOTIATORS, CONVEYANCERS and ADMINISTRATORS OF ESTATES
get in touch

Has a Court Ruled Against You?

APPEALS
Bad or wrong judgments
Often parties are unhappy with the judgment of courts and wish to challenge what they regard as wrong or bad judgments. To this end the court system in South Africa allows for appeals and reviews. An appeal is mainly a challenge of a judgment on the basis that what was presented to court was sufficient to justify a better or different judgment.
The existing record is important
In this sense an Appeal can be described as a challenge based on an existing court record. This is so because the parties may usually refer only to law and facts contained in the record of the court appealed against. The court record can be compared to the minutes of a meeting. When one wants to rely on facts outside the existing record, a special consent of the court appealed to is needed. If the facts outside the record relate to issues of procedural unfairness or bias, a review (in stead of an appeal) is the better process. The process will then differ from that of a ‘standard appeal’.
Objective assessment
It is a misnomer to refer to an appeal as being ‘standard’. The very nature of the process calls for a thorough analysis of the facts and judgment of the specific case involved. It is a good idea to consult an attorney who can evaluate the position objectively and assess whether or not an appeal is the desired process. It is costly and one at least needs to be taken through the prospects of success and the danger of a contribution to costs should the outcome of the appeal be against one. No practitioner can guarantee a success but attorneys can at least assist in the risk assessment and in deciding where to appeal to and how.
Pitfalls
There are many procedural time lines that must be complied with properly in order to conduct a successful appeal.
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You can view our Matrimonial Law pages by clicking  here

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