PROTECTING THE NECESSARIES MAN – JEREMY PRAIN
Much has been said and written lately about the credit-crunch which has gripped the world economy and sparked fears of a global recession. Whilst the shipping industry seems far removed from US sub-prime mortgages, this crisis has undoubtedly sent shockwaves throughout the financial sector and has played its part in stopping the rampant shipping boom dead in its tracks.
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17 March 2008
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ESTABLISHING JURISDICTION WITHOUT ARREST
Bid Industrial Holdings v Strang:
Establishing jurisdiction without arrest
The recent decision by the Supreme Court of Appeal in Bid Industrial Holdings v Strang [2007] SCA 144 (RSA) is a fine example of our courts’ willingness to actively develop the common law in accordance with the Constitution.
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20 December 2007
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THE PILLARS OF BASEL II AND THE BANKS AMENDMENT BILL, 2007
The Banks Amendment Bill, 2007 ("the Bill") has been introduced to provide statutory force to the international strategic drive to further strengthen the credibility and stability of the international banking system. The amendments to the Banks Act, 1990 (‘the Act”) have been necessitated by important revisions to the Framework on International Convergence of Capital Measurement and Capital Standards (“Basel II”) or (“the revised Framework”) published by the Basel Committee on Banking Supervision (BCBS) on 26 June 2004. Only the proposed amendments to the Bill as they relate to the implementation of Basel II will be considered and other technical changes necessitated by developments in the banking industry or to clarify certain provisions in the Act fall outside the scope of this discussion.
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02 August 2007
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SEAFARERS VS SHIPOWNERS. FINDING A BALANCE
In most maritime jurisdictions, seafarers are armed with the legal machinery to enforce their claims for arrear wages. In the United Kingdom and South Africa, for example, they have a maritime lien in respect of these claims which entitles them to arrest their ship irrespective of its ownership.
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20 July 2006
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POLLUTION – THAT DIRTY WORD-GRAHAM CHARNOCK
SOUTH AFRICA ACCEDES TO THE 1992 POLLUTION CONVENTION – AT LAST
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29 April 2005
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THE USE OR ABUSE OF THE CORPORATE VEIL IN SHIPPING: IS LEGISLATION NEEDED TO UNVEIL IT AND, IF SO, FOR WHAT REASONS?
No doubt, the legislature can a forge a sledge-hammer capable of cracking open the corporate shell, and it can, if it chooses, demand that the courts ignore all the conceptions and principles which are at the root of company law …
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10 November 2004
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TEMPORARY EMPLOYMENT SERVICES - NEITHER FISH NOR FOUL? - BY MICHAEL WAGENER
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19 July 2004
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