The rule in Hollington v Hewthorn in the light of section 17 Of The Civil Proceedings Evidence Act 25 of 1965 in South Africa

Magister Legum - LLMSouth Africa, among others, has adopted, and is bound by, the so-called 'rule in Hollington‘ that originated in England in 1943 in Hollington v Hewthorn (hereinafter the 'Hollington case‘). The issue, among others, that the English Appeal Court had to determine in this case was whether a judgement of a criminal court could be used in subsequent civil proceedings to prove the liability of either of the litigants. The Court reached the conclusion that a judgement of a criminal court is just an irrelevant and inadmissible opinion in later civil proceedings. The court adopted the view that had a criminal conviction been admissible evidence in civil proceedings, it would lead to a situation where the defendant would end up challenging the propriety of those convictions. In the light of that, the courts would be faced with a duty to retry the criminal case in the midst of the civil proceedings. Section 17 of the Civil Proceedings Evidence Act (CPEA) provides that a conviction or an acquittal can be proved by the production of a document dully certified by the relevant court that acquitted or convicted the person in question. Furthermore, section 18 of the Supreme Court Act (SuCA) now section 34 of the Superior Courts Act (SupCA) provides that whenever a judgement, among other things, of a court needs to be proved or referred to in any manner a duly certified copy thereof will serve as prima facie evidence thereof. These sections militate against the rule in Hollington in that they allow, or at least should be interpreted in a manner that accords with the allowance of, the admissibility of conviction evidence in later civil law suits

Dynamics of shape fluctuations of quasi-spherical vesicles revisited

In this paper, the dynamics of spontaneous shape fluctuations of a single, giant quasi-spherical vesicle formed of a single lipid species is revisited theoretically. A coherent physical theory for the dynamics is developed based on a number of fundamental principles and considerations and a systematic formulation of the theory is also established. From the systematic theoretical formulation, an analytical description of the dynamics of shape fluctuations of quasi-spherical vesicles is derived. In particular, in developing the theory we have made a new interpretation of some of the phenomenological constants in a canonical continuum description of fluid lipid-bilayer membranes and shown the consequences of this new interpretation in terms of the characteristics of the dynamics of vesicle shape fluctuations. Moreover, we have used the systematic formulation of our theory as a framework against which we have discussed the previously existing theories and their discrepancies. Finally, we have made a systematic prediction about the system-dependent characteristics of the relaxation dynamics of shape fluctuations of quasi-spherical vesicles with a view of experimental studies of the phenomenon and also discussed, based on our theory, a recently published experimental work on the topic.Comment: 18 pages, 4 figure

The dynamical equivalence of modified gravity revisited

We revisit the dynamical equivalence between different representations of vacuum modified gravity models in view of Legendre transformations. The equivalence is discussed for both bulk and boundary space, by including in our analysis the relevant Gibbons-Hawking terms. In the f(R) case, the Legendre transformed action coincides with the usual Einstein frame one. We then re-express the R+f(G) action, where G is the Gauss-Bonnet term, as a second order theory with a new set of field variables, four tensor fields and one scalar and study its dynamics. For completeness, we also calculate the conformal transformation of the full Jordan frame R+f(G) action. All the appropriate Gibbons-Hawking terms are calculated explicitly.Comment: 17 pages; v3: Revised version. New comments added in Sections 3 & 5. New results added in Section 6. Version to appear in Class. Quantum Gravit

Metaphor in Analytic Philosophy and Cognitive Science

This article surveys theories of metaphor in analytic philosophy and cognitive science. In particular, it focuses on contemporary semantic, pragmatic and non-cognitivist theories of linguistic metaphor and on the Conceptual Metaphor Theory advanced by George Lakoff and his school. Special attention is given to the mechanisms that are shared by nearly all these approaches, i.e. mechanisms of interaction and mapping between conceptual domains. Finally, the article discusses several recent attempts to combine these theories of linguistic and conceptual metaphor into a unitary account

The Teacher as Servant Leader: Revisited

This essay revisits an original conference proceedings chapter from 1997, examining the biblical and educational underpinnings for the concept of teacher and servant leader

The Teacher as Servant Leader: Revisited

This essay revisits an original conference proceedings chapter from 1997, examining the biblical and educational underpinnings for the concept of teacher and servant leader