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LATEST BLOGS

What Can You Do When Someone Close to You Has No Control Over Their Spending?
What Can You Do When Someone Close to You Has No Control Over Their Spending?
4 April 2022
What can you do when someone you know (often but not always an elderly relative and/or someone with a gambling, drug or drink problem) starts squandering their money and property irresponsibly and recklessly? Note that we are talking here not about a mentally ill person but about someone “of sound mind but unsound habits”. The good news is that you don’t have to look on helplessly while they sp...
Exemption Clauses and Thieving Employees: Can You Sue (or Be Sued)?
Exemption Clauses and Thieving Employees: Can You Sue (or Be Sued)?
4 April 2022
Employee theft has been a headache for employers from the dawn of history, and no business should ignore the dangers it poses, particularly if your business handles third-party high value goods. Your chances of being sued if one of your employees steals a customer’s asset/s are high, the reason being of course the concept of “vicarious liability” – the legal rule that can make you generally liable...
Don’t Accidentally Disqualify Your Chosen Heirs from Inheriting!
Don’t Accidentally Disqualify Your Chosen Heirs from Inheriting!
4 April 2022
Your will (“Last Will and Testament”) will always be the keystone of your estate planning, and a recent High Court decision sounds yet another warning to beware the “do your own will” concept. By not having his will drawn by a professional, a father inadvertently caused one of his children to be disqualified from inheriting her intended share, whilst her husband was disqualified from being appoint...
Property Owner and Body Corporate Liable After Child’s Electrocution?
Property Owner and Body Corporate Liable After Child’s Electrocution?
4 April 2022
A recent High Court decision saw both a sectional title unit owner and his cupboard contractor held liable for damages suffered by an 11-year-old boy electrocuted by a communal tap. The complex’s body corporate and an electrician were also sued but escaped liability. The reasons given by the Court for these contrasting outcomes provide valuable lessons for property owners, contractors, and bodi...
Why Life Partners Still Need Cohabitation Agreements and Wills
Why Life Partners Still Need Cohabitation Agreements and Wills
7 February 2022
What happens if your life partner dies without leaving you anything in their will (“Last Will and Testament”)? Do you have the same protections as married spouses do? A lot of the media coverage around the recent Constitutional Court decision dealing with this question may have given the impression that life partners are now as fully protected as if they were in a formal marriage, but that is n...
Can Your Tenant Claim a Lockdown Rental Remission?
Can Your Tenant Claim a Lockdown Rental Remission?
12 January 2022
The Covid-19 pandemic and its associated lockdowns and restrictions have impacted negatively on many businesses, and there has been much uncertainty as to whether commercial tenants of leased property are entitled to claim a remission of rental if their trading activities are curtailed. A recent High Court decision of Trustees for the time being of the Bymyam Trust v Butcher Shop and Grill CC (...
Directors at War: Terminating Email Access
Directors at War: Terminating Email Access
12 January 2022
When company directors are locked in dispute, one of them may be tempted to cut off the other’s access to emails and to the business server – a tactic likely to have immediate and serious consequences for the director thus cut off. Its appeal as a tactic to force the other director to the negotiating table is obvious, but the question is whether the director thus deprived has any legal remedy a...
Divorce: Claiming Interim Maintenance and a Contribution to Legal Costs
Divorce: Claiming Interim Maintenance and a Contribution to Legal Costs
12 January 2022
Even if your marriage is collapsing around you, you might be afraid to sue for divorce because you have no money to survive on, plus you know that a hotly contested divorce might take years to finalise while your breadwinner spouse fights you tooth and nail every step of the way. How will you support yourself and your children until the case is finalised? How will you pay your lawyer to run the...
A Victim of Sexual Harassment Must Report It “Immediately”
A Victim of Sexual Harassment Must Report It “Immediately”
12 January 2022
Employers have a strong duty to provide a safe workplace for their employees, and to protect them from harm – including sexual harassment. An employer who fails in this faces claims for damages and compensation, but as a recent Labour Court judgment shows, the victim must first follow procedure correctly, and without delay. Delayed reporting kills a claim A female employee claimed “a just and...
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