DRAFTING A HIGH COURT COMBINED SUMMONS WHERE THE CAUSE OF ACTION IS THE BREACH OF AN AGREEMENT (PART 3 - THE PARTICULARS OF CLAIM: SIGNING OFF AND FINAL STEPS)
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1/ At the end of every pleading, we need to indicate the date on which the particulars were signed as well as the place at which they were signed. We must also include the plaintiff’s attorney’s details, such as its address, contact numbers etc.
2/ Let’s quickly look at Rule 18(1) again. In terms of this Rule, the POC shall be signed by both an advocate and an attorney or, in the case of an attorney who has the ROA in the superior courts, only by such attorney or, if a party sues or defends personally, by that party.
3/ Put simply, the POC must be signed by an attorney with right of appearance in the superior courts, or an advocate. Remember this Rule only applies to HC pleadings. Pleadings in the MC may be signed by an attorney regardless of whether they have ROA in the superior courts.
4/ We will pretend that the attorney in our example has right of appearance in the superior courts. The signing off portion of the particulars will therefore look as follows:
5/ You will note that provision has been made for the signature of Raymond Donovan as well as the plaintiff’s attorneys, which is the firm at which Raymond Donovan works.
6/ The signatory section of the particulars is set out in such a manner so that the attorney with right of appearance identifies themselves and confirms that they are admitted in terms of section 25 of the Legal Practice Act.
7/ Below the signature of the attorney with right of appearance, is a place for the signature of the plaintiff’s attorneys. An admitted attorney without ROA may sign here, however, it may be easier just to have the attorney with right of appearance sign in both spots.
8/ And that’s that. We have drafted our combined summons. All that we have left to do is compile the combined summons. This means that we must attach the particulars of claim to the summons and attach and mark the annexures to the particulars of claim.
9/ We obviously need to sign the summons and particulars of claim as well. Once the aforementioned has been attended to, you can make the necessary copies and draft the documents to accompany the summons for issuing.
1/ Prescription applies to all legal claims & debts and means that after the lapsing of a certain period of time, the debt or claim will be extinguished. The amount of time afforded to a specific type of claim/debt before being extinguished is prescribed by the Prescription Act.
2/ As a rule, the consequence of prescription is that the person who is indebted to another person will not be liable to pay the debt and is no longer under any obligation to pay same after the prescription period has lapsed.
DRAFTING A HIGH COURT COMBINED SUMMONS WHERE THE CAUSE OF ACTION IS THE BREACH OF AN AGREEMENT (PART 1 - INTRODUCTION)
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1/ In the next several threads, we are going to step it up a notch and draft a combined summons together.
Not all combined summonses will look the same. There are so many different types of claims that can affect the way you formulate your particulars of claim.
2/ For EG, the POC in which a divorce is sought will differ to the particulars of a damages claim. In the threads to follow, we will be drafting a combined summons where the cause of action is based on the breach of an agreement.
1/ In terms of Rule 5(2)(b) of the Magistrates’ Courts Rules, the simple summons may be issued where the claim is founded on a debt or liquidated demand.
2/ The format of the simple summons in the Magistrate’s Court and the High Court differs ever so slightly, however, I would prefer to go through each one separately.
WHAT WILL YOUR JOB, AS A CANDIDATE LEGAL PRACTITIONER, LIKELY ENTAIL?
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1/ Your job may differ depending on the type and size of the firm. For eg, bigger firms are more structured, so CLPs are often rotated from departments to experience different legal fields.
Generally, however, most CLPs can expect to do the following, amongst many other things:
2/ Driving:
To court:
You will be driving to court for purposes of issuing processes, filing notices and pleadings, and appearing in front of magistrates. You will likely also accompany counsel and other attorneys in your firm when they appear before a presiding officer.
1/ From what we have established from chatting to colleagues in the legal profession, your salary as a candidate will likely differ depending on the size and notoriety of the law firm at which you are completing your articles.
2/ Candidates at predominantly small firms, I hate to break it to you, but your salary will very likely be dismal.
This is not the case at every small firm, but you should expect between R4,000.00 – R10,000.00 per month as a starting salary.