THE COURT DOES NOT REQUIRE EXPERT EVIDENCE TO CONSTRUE A TERM IN AN AGREEMENT: AN EXPERT CANNOT BE USED TO USURP THE FUNCTION OF THE COURT
Is an expert needed to construe a contractual agreement. Here we have a case where the Master was very much against the applicant who sought permission to rely on an expert. An expert was not needed to report on market…
THE CURRENT IMPORTANCE OF PLEADINGS 9: THE PRIMARY FACTS UNDERLYING ALLEGATIONS OF DISHONESTY MUST BE PLEADED
Parties alleging dishonesty and fraud have to be very careful in the way they plead their case. These matters cannot be pleaded lightly, and there are professional obligations on the pleader to ensure that there is reasonably credible material that…
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