“These technological developments would have seemed far-fetched and science fiction a brief few years ago.” (Extract from judgment below) It’s an important question – the invalidity of an affidavit could sink even the strongest case, so it’s vital to get this right. Of course, it’s always tempting to cut corners where you can on the commissioning side, and perhaps you urgently need to sign an affidavit but are far from a commissioner of oaths or perhaps for some reason you just
“The first thing we do is, let’s kill all the lawyers.” (Shakespeare) Shakespeare must have had an unhappy experience or two with the lawyers of his time to have one of his characters utter that threat, but the reality is that every aspect of our lives is touched at one time or another by the law and the only way to navigate legal waters confidently and safely is with professional guidance. While many people may feel intimidated by the legal system, seeking
“He that filches from me my good name robs me of that which not enriches him and makes me poor indeed.” (Shakespeare) As our lives move increasingly online, more and more of us will be subjected to the distress and damage of online attacks. Whether they are aimed at hurting us personally or at harming our businesses, they can take a substantial toll both materially and psychologically. What can you do if you (or your business) falls victim? The good news is
“Agreements not to litigate are not necessarily unreasonable.” (Extract from judgment below) An “Agreement Not to Sue” undertakes that one party won’t take legal action against another. In other words, it’s a way of ensuring that disputes don’t end up in court. You might come across this type of agreement in many different situations, such as in a business setting, a family dispute, a neighbour dispute, or even between friends. In particular, any compromise agreement settling a dispute is very likely to
“The approval of building plans is not a mere formality in town planning and compliance with building standards promote public safety … The courts should not permit landowners to erect illegal structures on their land and then present the authorities with a fait accompli created by their illegal actions” (Extracts from judgment below) What do you do if your neighbour starts building next door without municipal plans? A recent High Court decision confirms your right to apply for demolition. The pensioner who
“In my view, given the difficulties of a sheriff or his deputy accessing a security complex in the absence of the occupant for the purposes of service in terms of rule 4, service of process by way of it being handed to the security guard at the complex, a responsible employee older than 16 years, is valid and effective service on the debtor.” (Extract from judgment below) Moving house (or office) will mean a busy time and a long “to do”
“Agree, for the law is costly” (Marcus Tullius Cicero) As Roman lawyer and statesman Cicero pointed out two millennia ago, litigation comes at a cost. So first prize will always be to settle out of court. If you can’t settle and decide to sue, arm yourself with “deep pockets and nerves of steel”, particularly if you end up in the higher courts. The upside is that if you win your case, you are likely to benefit from a costs order in your
“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 debtors to find themselves in financial difficulty. If you end up litigating against any of them the last thing you will want to do is to throw good money after bad. And whilst fighting a court case and winning against a
“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 will be. Tensions between neighbours are no doubt at an all-time high, and whether you are working from home or just trying to stay sane until our “new normal” starts kicking in, you are no doubt
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 the agreed rental. What follows is of necessity a general guide only – professional advice specific to your case is essential here. Tenants – your risk As always “With Great Change comes Great Opportunity”, but if you aren’t
