Dendy, M and Loots, C. Herbstein and Van Winsen - The Civil Practice of the Superior Courts of South Africa. – 6th ed. – Juta, 2022 (Loose-leaf update)
 
ISBN: 9781485138877 (Print)
 
Publisher’s summary:
 
“The sixth edition of the leading South African work on civil procedure in the superior courts, Herbstein and Van Winsen − now entitled The Civil Practice of the Superior Courts of South Africa – under the co-authorship of Mervyn Dendy and Cheryl Loots, is now available as a loose-leaf work, which will be updated on an ongoing and regular basis. In its completed form as a work of three volumes (comprising 53 chapters) plus an index volume, Herbstein and Van Winsen will function as a comprehensive guide to all aspects of civil practice in the High Court, the Supreme Court of Appeal and (for the first time in Herbstein and Van Winsen) the Constitutional Court of South Africa. The sixth edition includes coverage of all relevant civil cases reported in the South African Law Reports, South African Criminal Law Reports, and other relevant law reports, with detailed parallel citations given throughout the work − enabling judges and practitioners to locate immediately a passage or dictum in any report in which the judgment in question is published.The work also includes extensive coverage of important new developments in the law, including: the enactment of the Superior Courts Act 10 of 2013, the National Credit Act 34 of 2005, the Legal Practice Act 28 of 2014 and the amended uniform rule 32, regulating applications for summary judgment; the forum conveniens doctrine; class actions; the provision by companies of security for costs; the defences of res judicata, issue estoppel and the doctrine of collateral challenge; and applications for default judgment where an order is sought declaring executable immovable property occupied as a home. The commentary by the authors is detailed and includes suggestions for further development of the law, where appropriate.
 
Contents
Volume 1
Chapter 1: The Law of Civil Procedure and the Superior Courts of South Africa
Chapter 2: Jurisdiction
Chapter 3: Attachment of Property to Found or Confirm Jurisdiction
Chapter 4: Parties
Chapter 5: Representation of Parties
Chapter 6: Authority to Institute and Defend Proceedings
Chapter 7: Joinder of Parties and Causes of Action, Separation of Trials and Consolidation of Actions
Chapter 8: Demands and Statutory Notices
Chapter 9: Form of Proceedings
Chapter 10: Service of Process and Subsequent Documents and Notices
Chapter 11: Edictal Citation
Chapter 12: Security for costs
Chapter 13: Applications
Chapter 14: The Summons
Chapter 15: Notice of Intention to Defend
Chapter 16: Summary Judgment
Chapter 17: Pleadings and the General Provisions Applicable to Pleadings
Chapter 18: Declaration and Particulars of Claim
Chapter 19: Plea
Chapter 20: Offer to Settle and Tender to Perform
Chapter 21: Replication, Subsequent Pleadings in Convention and Close of Pleadings
Chapter 22: Pleadings in Reconvention
Chapter 23: Default Judgment and Rescission
 
Volume 2
Chapter 24: Exceptions
Chapter 25: Applications to Strike Out
Chapter 26: Irregular Proceedings
Chapter 27: Amendment of Pleadings and Documents
Chapter 28: Extension or Abridgement of Time, Condonation, Revival of Rule Nisi, Barring and Removal of Bar, and Summary
Dismissal of Actions or Defences
Chapter 29: Set-Down of Trial Actions and Preparation for Trial
Chapter 30: Discovery, Inspection and Production of Documents
Chapter 31: Pre-Trial Conference
Chapter 32: Special Cases, the Separate Determination of Issues and Interim Damages Awards
Chapter 33: Trial and Hearing
Chapter 34: Provisional-Sentence Proceedings
Chapter 35: Settlement, Postponement, Withdrawal of Proceedings and Abandonment of Judgments
Chapter 36: Stay of Proceedings
Chapter 37: Removal of Proceedings from One Division or Seat to Another
 
Volume 3
Index