CHARLOTTE CLARKE
Associate

BA LLB (Wits)

PRACTICE AREAS
Labour Law
Dispute Resolution
Commercial Law

Charlotte completed her BA (LLB) at the University of Witwatersrand in 2015 and graduated with Distinction. Charlotte currently works in Commercial Litigation and has experience with Labour Law, Dispute Resolution, High Court and Magistrate Court matters.


+27 (0)11 448 9695
[email protected]

I.F.T. S.A.L. Offshore v Barclays Bank PLC [2020] EWHC 3125 (Comm) (19 November 2020)

Case summary written by Angela Paschalides and checked by Michal Asoulin and Charlotte Clarke (Solicitor of England and Wales) 11 February 2021 Background The High Court of Justice of England and Wales (Commercial Court, Queen’s Bench Division) (the “Court”) heard a case wherein I.F.T. S.A.L. Offshore (the “Claimant”) made an application for pre-action disclosure against
Read more
No Comments

Aegean Baltic Bank S.A. v Renzlor Shipping Ltd & Ors [2020] EWHC 2736 (Comm) (29 September 2020)

Case summary written by Angela Paschalides and checked by Michal Asoulin and Charlotte Clarke 01 December 2020 BACKGROUND: The High Court of Justice of England and Wales (Commercial Court) (the “Court”) heard a case wherein pursuant to Civil Procedure Rule 19.2(2)(b) (“CPR 19.2(2)(b)”), Axa XL, a global property and casualty commercial insurance provider (“Axa”), applied
Read more
No Comments

Korea Shipbuilding & Offshore Engineering Co, Ltd & Anor v F Whale Corporation TMT Co, Ltd [2020] EWHC 1792 (Comm) (09 July 2020)

Case summary written by Angela Paschalides and checked by Michal Asoulin and Charlotte Clarke 20 October 2020 Background The High Court of Justice of England and Wales (Commercial Court, Queen’s Bench Division) (the “Court”) heard a case wherein pursuant to Civil Procedure Rule 39.3 (“CPR 39.3”), F Whale Corporation (the “First Defendant”) and TMT Co,
Read more
No Comments

COVID-19: Temporary Impossibility of Performance and the Reciprocal Obligation for Payment

Written by Wade Jacobs – Candidate AttorneyContributors: Charlotte Clarke – Senior Associate and Wesley Pons – Associate INTRODUCTION COVID-19 has resulted in a national lockdown, having consequences on the performance of contractual obligations, where parties to reciprocal agreements are unable to meet their obligations to one another, resulting in a temporary impossibility of performance. In
Read more
No Comments

Testing Positive for Covid-19: Public Health vs Privacy

By Charlotte Clarke, Senior Associate and Jayna Hira, Associate 18 March 2020 Introduction The President of the Republic of South Africa has declared a national state of disaster, in response to the Covid-19 pandemic. Information relating to infected persons, in South Africa specifically, has become a vital resource in managing the spread of the disease
Read more
No Comments

Covid-19 in the Workplace: In Terms of the Occupational Health and Safety Act And Basic Conditions of Employment Act

By Charlotte Clarke, Associate and Frank Sebatana, Candidate Attorney   Background On the 5th of March 2020, the National Institute for Communicable Diseases confirmed the first case of COVID-19 in the Republic of South Africa. President Cyril Ramaphosa has since declared the outbreak of Covid-19 a national state of disaster in terms of the Disaster
Read more
No Comments

S v Cronje (19113) [2019] ZAWCHC 133 (3 October 2019)

SUMMARY This matter came on review in terms of Section 304 of the Criminal Procedure Act 51 of 1977 (“the CPA”) as the presiding officer on review was doubtful as to whether the sentence imposed was in accordance with justice. The Accused in this matter became known to the court as an unmarried, 28-year old
Read more
No Comments

Roux v Powell (17499/18) [2019] ZAWCHC 132 (4 October 2019)

SUMMARY This case dealt with an exception to the Plaintiff’s amended Particulars of Claim. The Plaintiff alleges that the Defendant maliciously and intentionally published defamatory statements about her on the internet, and seeks damages and a final interdict, directing the removal of the publications. Background In 2005, the Plaintiff, appointed by the Family Advocate, filed
Read more
No Comments

Rapitsi v Standard Bank and Others (2669/2018) [2019] ZALMPPHC 7 (19 March 2019)

SUMMARY Masoko Ephafras Rapitsi (“the Deceased”) was at the time of his death, a contributing member of a Transnet Retirement Fund (“Retirement Fund”) underwritten by Momentum. The Deceased nominated his four children as beneficiaries to the Retirement Fund. The Applicant in the matter is the Deceased’s daughter. The Applicant was granted interim relief in this
Read more
No Comments

PROTECTED DISCLOSURES ACT 26 of 2000

IntroductionThis article aims to provide a basic understanding of the Protected Disclosures Act 26 of 2000 (hereinafter “the PDA”), having particular reference to the protection afforded by the Labour Relations Act 66 of 1995 (hereinafter “the LRA”) to employees who make a disclosure to their employer. BackgroundThe preamble of the PDA recognises the presence of
Read more
No Comments