John is an experienced Barrister with a broad civil and commercial practice encompassing commercial litigation, contractual disputes, civil fraud, banking and financial services, company and business disputes, negligence, defamation and privacy, judicial review, and injunctive relief.
He has appeared before courts at all levels including the UK Supreme Court and the South African Constitutional Court, and has extensive experience of international arbitration. While John has acted in substantial, complex and high-value litigation, John welcomes instructions across the full spectrum of civil and commercial disputes.
John is equally comfortable providing focused advice at an early stage of a dispute, settling pleadings or written submissions, appearing on interim applications and at trials, or becoming part of the wider legal team in substantial multi-party or cross-border litigation. His extensive courtroom experience makes him particularly valuable in cases involving difficult questions of law, contested evidence, expert witnesses, urgent applications or complex factual and documentary backgrounds.
In recent years, John’s instructions have included acting for a major European bank in Competition Tribunal proceedings concerning allegations of foreign-exchange rate fixing; acting for an international commodities business to secure the release of a consignment of cobalt affected by injunctive relief; successfully representing South African Breweries in an UNCITRAL arbitration arising from a substantial logistics dispute; and acting in significant judicial review proceedings concerning the award of a multi-billion-rand public tender.
Alongside his advocacy practice, John has written extensively for academic and professional publications, both in South Africa and internationally, across commercial law, competition law, defamation, privacy and related areas.
John has a broad civil and commercial practice and accepts instructions across a wide range of contentious matters, from relatively straightforward disputes through to substantial and complex commercial litigation.
His practice includes:
John’s recent work includes successfully defending South African Breweries in UNCITRAL arbitration proceedings against claims brought by a logistics provider and acting for a UK asset management company in obtaining injunctive relief against former employees accused of misappropriating trade secrets.
He has also acted for a UK-based international commodities trading business in successfully discharging injunctive relief which had effectively frozen a substantial consignment of cobalt originating from the Democratic Republic of Congo. The dispute involved questions of English law concerning specific performance alongside Roman-Dutch law and international arbitration procedure.
John is experienced in working alongside solicitors, foreign lawyers and experts and is particularly comfortable dealing with substantial documentary evidence and difficult legal or evidential issues.
Alongside his Commercial and international practice, John maintains a broad civil litigation practice.
He is happy to become involved at an early stage, whether to provide focused advice on merits and strategy, settle pleadings, advise on evidence or represent a client at an interim or final hearing.
His practice includes:
John’s considerable advocacy experience can be particularly valuable where an apparently straightforward dispute develops a difficult legal, evidential, or procedural issue, or where robust representation is required at a hearing.
He is equally comfortable acting as sole counsel in a discrete civil dispute as he is acting in substantial commercial litigation.
John has considerable experience of disputes involving allegations of fraud, dishonesty, misappropriation of assets and confidential information, together with the urgent interim remedies which frequently accompany such claims.
He accepts instructions on behalf of both claimants and defendants in matters involving:
John acted for a UK-based international commodities trading company in successfully obtaining the discharge of injunctive relief which had effectively frozen a consignment of cobalt originating from the Democratic Republic of Congo. The matter involved English law, Roman-Dutch law and international arbitration procedure.
He has also acted for a UK asset management business in obtaining injunctive relief against former employees accused of misappropriating trade secrets.
John’s combination of commercial litigation experience and substantial courtroom advocacy makes him particularly well suited to cases requiring decisive action at short notice.
John has substantial experience of disputes involving banks, financial institutions, investment businesses and complex financial arrangements.
His experience encompasses:
John has acted for a major European bank in substantial Competition Tribunal proceedings arising from allegations of foreign-exchange rate fixing in New York.
His broader commercial, competition and regulatory experience enable him to approach financial disputes from several perspectives and makes him particularly well placed to deal with cases in which contractual, regulatory and commercial issues overlap.
He accepts instructions from banks and other financial institutions as well as companies and individuals involved in disputes with financial services businesses.
John has specialist expertise in competition law and is the co-author of a leading academic text on South African competition law, drawing extensively upon European Union and United States antitrust jurisprudence.
His experience encompasses merger control, cartel investigations, restrictive practices, regulatory proceedings, and competition litigation.
Significant matters have included representing South Africa’s Competition Commission in proceedings concerning whether Bar Council rules were anti-competitive; advising a media company in a challenge to a merger involving two judicial reviews ultimately taken to the Competition Appeal Court; and successfully acting for a vehicle-tracking company in an appeal which established that compliance with industry standards did not, without more, constitute anti-competitive conduct.
John has also acted in substantial cartel litigation involving detailed economic evidence and the cross-examination of expert witnesses.
His experience in this field complements his wider commercial practice, particularly in disputes involving regulated businesses, financial institutions, economic evidence or parallel commercial and regulatory issues.
John has extensive experience of litigation and arbitration involving parties, assets and legal issues spanning multiple jurisdictions.
Having practised at senior level in both the United Kingdom and South Africa, he brings particular experience to disputes involving different legal systems and is comfortable working alongside foreign lawyers, experts and international legal teams.
His experience includes:
John’s international experience does not define or limit his practice: it complements his broader civil and commercial work and enables him to bring considerable experience to disputes of all sizes where unusual jurisdictional or legal issues arise.
John has a longstanding interest in public and administrative law. Before being called to the Bar, he was the instructing solicitor in the Traub series of cases that laid the foundation for the doctrine of legitimate expectation in South Africa. His contributions include:
John’s administrative law practice is informed by a deep commitment to constitutional principles and a comparative, international perspective.
Contract Law
Powertech Industries (Pty) Ltd v Jamneck 1993 (1) SA 328 (O)
Randcoal Services Ltd and Others v Randgold and Exploration Co Ltd 1998 (4) SA 825 (SCA)
Huayou (Hong Kong) Co Ltd v C. Steinweg Bridge (Pty) Ltd and others [2017] ZAGPJHC 348 and [2017] ZAGPJHC 472 (contract for the sale of cobalt; cancellation on grounds of force majeure; and specific performance in UK law)
DeVere Investments South Africa (Pty) Ltd v Weatherdon and others (Case No. 2014/28064) (unlawful competition at common law)
Mytileneos Societé Anonyme v Absa Bank and others (Case No. 30925/2021 dated 21 July 2021) (enforcement of a performance guarantee)
Sutherland Transport (Pty) Ltd v South African Breweries (arbitration regarding the lawfulness of cancellation and cession)
Public Law
Minister of Home Affairs & Another v American Ninja IV Partnership & Another 1993 (1) SA 260 (AD)
Nokotyana and others v Ekurhuleni Metropolitan Municipality 2010 (4) BCLR 312 (CC)
Tax
Commissioner for Inland Revenue v Guiseppe Brollo Properties (Pty) Ltd 1994 (2) SA 147 (AD)
Housecalls Projects CC & Others v Minister of Finance & Others 1995 (3) SA 589 (T)
Greenan N.O. (Estate Ebbelaar) & Another v Commissioner for Inland Revenue 1996 (2) SA 984 (AD)
Nissan SA (Pty) Ltd v Commissioner for Inland Revenue 1998 (4) SA 860 (SCA)
Relier (Pty) Ltd v Commissioner for Inland Revenue 1998 (1) ALL SA 183 (SCA)
Rand Mines Mining & Services) Ltd v Commissioner for Inland Revenue 1997 (1) SA 427 (AD)
Income Tax Case No. 1591 1995 SATC 212
South African Breweries v Commissioner, SA Revenue Services [2022] ZAGPPHC 695
Employment
Performing Arts Council of the Transvaal v Paper, Printing, Wood & Allied Workers Union & Others 1994 (2) SA 204 (AD)
irestone SA (Pty) Ltd v National Union of Metal Workers of SA 1992 (3) SA 218 (T)
Media Law
Lieberthal v Primedia Broadcasting (Pty) Ltd 2003 (5) SA 39 (W)
Kruger v Johnnic Publishing (Pty) Ltd & Another 2004 (4) SA 306 (T)
Munusamy v Hefer N.O. & Others 2004 (5) BCLR 508 (O)
Times Media Ltd & Others v Niselow & Another (2005) 1 All SA 567 (SCA)
NM & Others v Smith & Others 2007 (7) 751 (CC)
Tshabalala-Msimang & Ano v Makhanya & Others 2008 (3) BCLR 338 (W)
Molotlegi & Ano v Mokwalase [2010] SASCA 59
Gold Reef City Theme Park (Pty) Ltd v Electronic Media Network Limited & Ano 2011 (3) SA 208 (GSJ)
Council for Medical Schemes & Ano v Selfmed Medical Scheme & Ano [2011] ZASCA 207 (25 November 2011)
Motsepe v Black Land First (Case No. 2019/15584)
Hlongwane v Tiso Blackstar (65725/2015) [2018] ZAGPPHC 557
Competition Law
Commissioner, Competition Commission v General Council of the Bar of South Africa & Others 2002 (6) SA 606 (SCA) (whether the Bar Council’s requirement of payment within 97 days was anticompetitive)
JD Group & Another In re: Competition Tribunal v JD Group & Another (2004) 1 CPLR 31 (CAC)
Digital Healthcare Solutions (Pty) Ltd v The Competition Commission & Another (2004) 1 CPLR 92 (CT)
DW Integrators CC v SAS Institute (Pty) Ltd (1999 – 2000) CPLR 191 (CT) (requirement of accuracy in pleading the case)
Papercor CC v Finwood Papers (Pty) Ltd & Others (1999 – 2000) CPLR 250 (CT) (requirement of accuracy in pleading the case)
Competition Commission of SA v ArcelorMittal South Africa Ltd & Others [2013] 1 CPLR 1 (SCA)
Netstar (Pty) Ltd & Others v Competition Commission & Ano [2011] 1 CPLR 45 (CAC) (fixing conditions of contract in accordance with insurance industry requirements)
Primedia Limited and others v Competition Commission & Ano [2008] ZACT 30 (merger)
African Media Entertainment Ltd v Lewis NO & Others [2009] 1 CPLR 1 (CAC) (merger)
Cape Gate (Pty) Ltd & Ano v Competition Commission [2019] (price fixing where company complying with government initiative to enhance an industry)
Competition Commission v Bank of Merrill Lynch International and others [2024] ZACAC 1 (fixing of exchange rates)
Netstar (Pty) Ltd v Competition Commission South Africa & Ano [CAC Case Nos. 99, 98 and 97/CAC/May10]
Cape Gate (Pty) Ltd v ArcelorMittal South Africa [2025] (predatory pricing)
Copyright
Rapid Phase Entertainment CC & Others v South African Broadcasting Corporation 1996 JOC 597
Covid Regulations
South African Breweries (Pty) Ltd and others v President of the Republic of South Africa and others [2022] ZAWCHC 102
Financial services
Brite Advisors South Africa (Pty) Ltd v Financial Sector Conduct Authority [2023] ZAFST 100 (compliance with the Regulations)
Primavera Associates Ltd v Hertsmere Borough Council [2022] EWHC 2685 (Ch) (tort – duty of care)
Plevin v Paragon Personal Finance Ltd [2014] UKSC 61 (consumer credit)
Misuse of private information and the protection of reputation after ZXC v Bloomberg – Is privacy of information still a requirement?
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