Johan du Toit SC
Call: 2008 South Africa: 1984 Silk: 2006 (South Africa)
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Profile

Johan specialises in securities litigation as the focus of a commercial litigation practice, thereby covering shareholders’ disputes, shareholders’ group litigation, company law issues, derivative claims, unfair prejudice claims, directors’ duties, directors’ severance arrangements, and professional liability of third parties such as accountants, financial advisors, and investment banks.

His wealth of experience in a Commonwealth country enabled him to seamlessly adapt to a London practice, where he became involved in, and developed the case for, Lloyds Action Now (an association of the shareholders of Lloyds TSB), against the directors of Lloyds TSB, arising from the takeover of HBoS in January 2009.

Having practised in a jurisdiction where commercial law is deeply ingrained in English law, he was able to accept a commission to co-author a book on shareholder actions in accordance with the law of England and Wales, due for publication shortly. It also enabled him to accept an appointment as Visiting Professor at the College of Law in 2012.

He served as an Acting Judge in the High Court of South Africa, bringing with him outstanding international experience which complements the areas of expertise of chambers.

His international commercial, property and professional liability litigation experience has led to
his acting as lead counsel on contentious and commercially valuable cases. Whilst financial/share disputes have recently been Johan's focus, he has a particularly strong following for advice in other general commercial/company matters. Most recently, he has acted for or advised national and international companies in relation to various high value disputes, whether in court or on arbitration. Notable cases include:

Total SA(France) relating to fuel supply
Eskom (South Africa) (a regional electricity supplier) regarding ownership of a power station
Air Products (USA) on numerous occasions dealing with retail disputes and disputes with competitors, and he has represented several oil companies in relation to franchise agreements and disputes
British American Tobacco (BAT) regarding a damages claim arising out of the illegal importation of cigarettes as well as Alfa Laval (Sweden) in respect of enforcing Restraint of Trade agreements.

Johan's diverse practice means that he is still instrumental in a wide variety of other areas of law, both at home in England and abroad, including stock exchanges and financial markets (frequently appearing on behalf of shareholders, partners and trustees and, notably, the South African Futures Exchange in both litigation and arbitration), complex arbitrations in respect of property and contractual matters as well as several mining law disputes with major environmental law implications.

  • Recent Experience

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      • Advise third party litigation funder on prospects of major shareholders claim against UK bank
      • Developed the case for Lloyds Action Now (an association of the shareholders of Lloyds TSB), against the directors of Lloyds TSB, arising from the takeover of HBoS in January 2009

  • Reported Cases

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      • Johan has appeared in more than 40 reported South African cases

  • Specialist Areas

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  • Publications

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      • ’Shareholder Actions’ co-authored with Andrew Charman (Bloomsbury Professional, January 2013),
      • ‘In the wake of the Facebook flotation: do investment banks owe a duty of care to shareholders of the companies they are advising?’ (2012) JIBFL 417.
      • CPD cast: The Facebook Flotation: ‘Are Investment Bankers immune from claims by Shareholders?’

  • Qualifications and Appointments

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      • B.Proc. LLB. (UFS – 1979)
      • LL.M. (Corporate Law) (cum laude) (UJ) (2003)
      • Advocate of the High Court of South Africa – 1984
      • Professor, College of Law - 2012
      • Acting Judge of the High Court of South Africa - 2007
      • ADRg Accredited Mediator

  • Professional Associations

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      • Chancery Bar Association
      • Johannesburg Bar

Related News

Andrew Charman & Johan du Toit's new book Shareholder Actions, launched by Bloomsbury Professional

"Shareholder Actions" the new book by St Philips barristers, Andrew Charman and Johan du Toit, was published today by Bloomsbury Professional. The book examines and interprets the law surrounding shareholders' rights and is the most recent and up to date…

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Further Information

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