STATE LIABILITY FOR FINAL COURT ORDERS SOUNDING IN MONEY: AT LONG LAST ALIGNMENT WITH THE CONSTITUTION

Since the commencement of the State Liability Act 20 of 1957 the (until 2011) prevailing legislation rendered it almost impossible to satisfy judgment debts sounding in money against the State. There has been a continuous struggle in South Africa “to reach a balance between State immunity from tort liability and government accountability to the State’s citizens”. The State Liability Amendment Act of 2011 (following on the Constitutional Court’s decision in Nyathi v MEC for Department of Health Gauteng 2008 5 SA 94 (CC)) will enable judgment creditors to obtain effective relief against the State.

M v Home Office [1994] 1 AC 377, House of Lords (also known as Re M)

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in M v Home Office [1994] 1 AC 377, House of Lords (also known as Re M). The case considered whether the courts had the power to issue injunctions against government departments and the ministers attached to them, and whether the rule of law required that those departments and ministers could be held in contempt of court for breach of court orders. The document also includes supporting commentary from author Thomas Webb.

Case Management

This chapter details the provisions on case management under the European Rules of Civil Procedure. Rule 47 provides that ‘parties must present their claims, defences, factual allegations and offers of evidence as early and completely as possible and as appropriate to the careful conduct of litigation in order to secure procedural expedition’. In general, responsibility for the efficient and speedy resolution of disputes is shared between the court and parties. Rule 48 concerns the court control of proceedings. Meanwhile, Rule 49 sets out the court's general duty of active case management, which is part of the principle of co-operation. All European jurisdictions' procedural codes employ court orders or court directions as a means of communication between the court and parties in order to facilitate effective case management as provided in Rules 48 and 49. The process of rendering court orders under Rule 50 is intended to ensure that management under these Rules is carried out effectively and with sufficient respect for the parties' right to be heard.

Recent court orders in patent suits on limits of Bolar exemption: Shrinking space for pharmaceutical generic companies in India?

The generic pharmaceutical sector in India transformed over the last few decades. However, certain recent judicial developments may impact the flexibility that generic companies have for development of future generics. This article looks at some of these developments. The developments covered are: a) interpretation and application of the Bolar flexibilities and b) hurdles in claiming use under S.107 A.

18. Care and Supervision

The Children Act 1989 places considerable importance on local authorities working in partnership with families and the avoidance wherever possible of court proceedings. However, the Act also makes provision, in the form of care and supervision orders, for compulsory measures to be taken to safeguard and promote children’s welfare. This chapter focuses on care and supervision orders. It covers the initiation of proceedings; the threshold criteria, which refers to conditions set out by s 31(2) that must be satisfied before a care or supervision order may be made; the ‘welfare stage’, where the court must, pursuant to s 1(1), regard the welfare of the child as the paramount consideration; tackling delay in care proceedings; court orders; appeals; and discharge of care orders and discharge and variation of supervision orders. The chapter ends by discussing the position of children in local authority care, focusing on the critical issue of contact with children in care.

AN EMPIRICAL STUDY ON POST DIVORCE ENFORCEMENT OF COURT ORDERS IN MALAYSIA

This study investigates problems on the enforcement of court orders issued by the civil courts in divorce cases in Malaysia. Although the civil courts are guided by comprehensive statutory laws, however, issues on matters related to the enforcement of court orders especially maintenance orders are still unresolved. Therefore, this study is undertaken to examine and identify problems that have caused the failure to enforce these orders, post-divorce. A survey was conducted on one hundred and sixty-seven respondents came from five regions in Malaysia. The survey using questionnaires was the main method of collecting data. To support the empirical evidence, semi-structured interviews were also conducted in this study. The study discloses an obvious co-relation between complex and lengthy processes, unnecessary time consuming and costs inefficiency with the enforcement of orders after the divorce has taken place. This article is a prelude to a projected study on the enforcement of court orders issued by Civil Courts whereby the result will be useful for further improvement of the existing legal provisions in Malaysia.