FASA



Livingstone Crichton is pleased to announce that it has renewed its membership with the Franchise Association of South Africa (FASA) for 2011 and will continue to act as a legal service advisor to FASA. The firm advises extensively to both franchisors and franchisees on a range of matters including, but not limited to, the drafting and preparation of franchise agreements, confidentiality agreements, lease agreements, restraint of trade agreements and advice on competition law and consumer law concerns relating to franchising. The firm also provides advice on contentious disputes and litigation between franchisors and franchisees.

DIRECTORSHIPS AND INDEPENDENT TRUSTEES

Our firm’s partners have been appointed to the boards of a number of companies as non-executive directors and provide general corporate governance and commercial advice. In addition, our partners also act as independent professional trustees on a number of trusts, and provide trust governance advice to the trustees.

RECENT LITIGATION

Family Law
Our firm has a strong reputation in family law matters. This reputation is grounded in our long term experience in this area of the law. At present we assist with child custody and access matters, domestic violence, maintenance and divorce mediation and litigation. We have also assisted and advised in complex matters involving all of these elements. In what is increasingly a global society we frequently advise and assist in family law matters involving relocation and aspects of international law, including the Hague Convention. In 2010 the firm was successfully involved in a precedent setting case relating to the Hague Convention where we litigated in both the Supreme Court of Appeal and the Constitutional Court.

Insurance
Livingstone Crichton is pleased to announce that it has been appointed as a legal service provider to two leading South African insurance companies and has provided comprehensive advice on the drafting and preparation of insurance policy wordings for several insurance products. In addition, the firm has extensive experience in policy coverage advice and claims – handling including medical negligence, professional indemnity, directors and officers and computer and electronic crime insurance. The firm has a long history of advising major local insurance companies, underwriting management agencies and Lloyd’s of London Syndicates and is ideally placed to provide comprehensive contentious and non-contentious insurance advice.

Labour Law
Our firm has successfully advised and litigated on labour law matters both for and against major firms. We advise on retrenchment and dismissal processes to ensure that any termination of employment is handled with the necessary care and expertise. This year we have been successfully granted an award against a major, powerful corporation for an automatically unfair dismissal and hope to continue in the latter half of the year with similar awards and satisfactory results or our client.

Medical Malpractice
The firm has over the years developed expertise in medical negligence and malpractice. We have used our contacts within the medical profession and our vast knowledge basis to help the unfortunate receive justice and ensure that the standards of the medical profession are upheld.

Property Law
The firm has advised on several large property law matters, either for landlords, purchasers or sellers. In 2011 the firm was involved in two major property disputes, both of which had successful results.

Construction and Building Litigation
Our litigation attorneys have successfully defended various claims instituted by a building contractor against one of the firm’s clients under a JBCC Building Agreement. The firm’s strategic, pro-active and meticulous approach to the arbitration proceedings over the course of a three year period, which included the institution of various counter claims against the contractor, resulted in our client’s successful defence of the claims and an order in favour of our client for his counter claims.

RECENT COMMERCIAL DEALS

Information Technology
The firm prides itself on its know-how, technical expertise and competency in the field of information technology and has advised clients extensively on a range of agreements including software license, software support, service agreements, maintenance agreements, proof of concepts and reseller agreements. In addition, the firm has advised a leading international software supplier on a comprehensive master service and outsourcing agreement with a leading South African Bank and a supply of services agreement to a major financial institution. The firm is currently advising upon the acquisition of a bespoke information technology company and the formation of an incorporated joint venture between investors and third party software developers.

General Commercial
Our commercial and property departments have advised a property – owning special purpose vehicle (private company) on a R12 million short term bridging loan for a residential golf estate in the Western Cape. We are currently also providing advice in relation to the repayment of the loan, the restructuring of the financial and funding arrangement and the drafting and preparation of the relevant loan agreements and related security agreements. Our commercial team has also advised a private client on the sale of two extensive farming operations in KwaZulu – Natal for a significant purchase consideration. The sale agreement of the enterprise as a going concern incorporated the sale of certain immovable property, the associated farming operation and various specific assets. The firm has provided comprehensive legal advice on a cross border multi-jurisdictional petroleum supply and distribution transaction. Further information regarding the firm’s expertise can be obtained from our Partners or professional staff.