Litigation

27
Jan

Suing someone? Get the money before its gone!

Article courtesy of Law Dot News – Debit Recovery & Litigation Suing someone? Get the money before its gone! “Pyrrhic victory”, n. A very costly victory, wherein the considerable losses outweigh the gain, so as to render the struggle not worth the cost (Wiktionary) With our economic woes unlikely to abate any time soon, expect an increasing number of your
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26
May

Lockdown! Nuisance Neighbours and How to Handle Them

Article courtesy of Law Dot News Lockdown! Nuisance Neighbours and How to Handle Them “You can be a good neighbour only if you have good neighbours” (Howard E. Koch) It looks as if we will still be under “restricted movement” orders for a while – even when we finally get down to Alert Level 2 and who knows when that
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27
Apr

Leases, Contracts and COVID-19: What is Force Majeure?

Article courtesy of Law Dot News Leases, Contracts and COVID-19: What is Force Majeure? The COVID-19 crisis has changed everything. Our personal lives have been upended and our businesses hit hard. And with many businesses operating out of leased premises, a great many landlords and tenants are asking themselves what happens if the crisis leaves a tenant unable to pay
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26
Feb

Running a Business in a Residential Area – Check Your Zoning First!

Article courtesy of Law Dot News Business Law - Running a Business in a Residential Area – Check Your Zoning First! “It is unquestionable that an owner of land is not permitted to perform activities which contravene the restrictive title conditions or the zoning restrictions” (extract from judgment below) You decide to open a home business, or perhaps you are
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6
Jan

Your Written Contract Should Cover Everything – No Oral Evidence Allowed!

Article courtesy of Law Dot News Contracts - Your Written Contract Should Cover Everything – No Oral Evidence Allowed! Here’s another warning from our courts to make sure that all your contracts are properly drawn to reflect both accurately and fully what you have agreed to. The problem with leaving anything out – or agreeing to something that isn’t then
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27
Sep

How Courts Sort Fact from Fiction – A Tale of Jags, Deception and Damages

Article courtesy of Law Dot News How Courts Sort Fact from Fiction – A Tale of Jags, Deception and Damages “Truth will out” (Shakespeare) You are wondering whether you can win in court against an opponent where your two versions of what happened are totally at odds with each other. How will a judge decide where the truth lies? It’s
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29
Jul

How to Stop Vital Evidence Being Destroyed

Article courtesy of Law Dot News How to Stop Vital Evidence Being Destroyed “Surprise the enemy” (Sun Tzu in ‘Art of War’) You suspect that someone you are suing (or about to sue) will destroy or hide vital evidence in their possession. Perhaps by shredding documents or deleting electronic records supporting your case, or perhaps by spiriting away computer hard
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29
May

Business Rescue: Are Your Suretyships Enforceable? A R5.5m Lesson for Directors and Creditors

Article courtesy of Law Dot News “Some people use one-half their ingenuity to get into debt, and the other half to avoid paying it” (George Prentice, newspaper editor and author) You are owed a lot of money by a company that goes into business rescue. The business rescue plan provides for creditors like you to accept a dividend of only

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29
May

Your Website of the Month: Coming Soon – More Courts Offering Mediation Options

“Agree, for the law is costly” (wise old proverb) The cost, delay and risk of contested litigation sometimes makes it sensible to rather try to resolve a dispute with mediation. Ask your lawyer for advice on whether your dispute is a suitable one, and if so be aware that in addition to the option of existing “private” mediation, you can

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29
Apr

Accidentally Paid the Wrong Person? Lessons From a R862k Banking App Error

Article courtesy of Law Dot News Online Banking & Electronic Payments - Payments in Error! “There’s no such thing as a free lunch” (Economist Milton Friedman) In these days of online banking and electronic payment, it’s not uncommon to find out to your horror that you have made a payment to someone in error, either to the wrong recipient or
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