Has a Court Ruled Against You?
|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. A review is needed when there was something procedurally wrong like a judge with bias or when the court has admitted inadmissable evidence or not allowed admissable evidence.|
|The existing record is important|
|In this sense a Review requires the trial record but outside evidence setting out the grounds of review will be needed. We can assist in draftinmg the affidavit.|
|It is a misnomer to refer to a review 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 take te matter on Review and how.|
|There are many
procedural time lines that must be complied with
properly in order to conduct a successful
Review is usually against the lower courts (like the Magistrates or Small Claims Court) or against an administrative body.