It’s Wedding Season – Three Questions to Ask Before You Marry “Marriage is a matter of more worth / Than to be dealt in by attorneyship” (Shakespeare) Wedding Season is well and truly upon us, and if you (or anyone near and dear to you) is busy planning for marriage (note that we are talking...Continue Reading
Bond Clauses: Beware the Deadlines! “I love deadlines. I love the whooshing noise they make as they go by.” (Douglas Adams) Here’s yet another reminder from our courts on the danger of not complying strictly with every provision in a property sale agreement. Don’t be like Douglas Adams and listen to the deadlines go whooshing...Continue Reading
Dismissed for Criticising a Mine’s “No High Heels in the Workplace” Rule “The evil in this case is the wearing of high heels as opposed to flat shoes. It is a case that pits sartorial elegance against health and safety at the workplace” (Extract from judgment below) Employers have a general duty to ensure health...Continue Reading
Creditors: How to Secure Your Claim with a Notarial Bond You should always take as much security for your claims as you possibly can before advancing credit or lending money to a debtor. That’s because if your debtor fails and is “liquidated” (if a corporate) or “sequestrated” (if an individual), without security you will have...Continue Reading
Why You Should Sign a Power of Attorney Before You Emigrate or Travel If you are emigrating, or perhaps just going overseas for an extended holiday or work contract, you may well leave behind some form of “unfinished business”. Perhaps you own a property, other assets or bank accounts needing attention, or have outstanding tax/business/financial...Continue Reading
Building in Security Estates: The ‘Persuasive Sting’ of Penalty Levies “… had the respondent imposed more moderate penalties, it would likely not have had the desired effect, or put differently, the same persuasive sting for individuals of substantial means.” (Extract from judgment below) Buying “plot and plan” in a residential complex allows you the freedom...Continue Reading
It’s Not Simple to Sell a House in Execution (Even if a Trust Owns It) “A court shall not authorise execution against immovable property which is the primary residence of a judgment debtor unless the court having considered all relevant factors, considers that execution against such property is warranted” (High Court Rules) Selling a house...Continue Reading
Heigh Ho, Heigh Ho, It’s Off to Court We Go – But What are the Costs of Suing? “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...Continue Reading
Owning Property Jointly – the Rewards, the Risks, and the Remedy “Co-ownership is the mother of disputes” (old Roman law maxim) There can be big advantages to buying property jointly but be aware of the risks and take steps to lessen them before you put pen to paper. The problem comes if there is a...Continue Reading
Your Will Can’t-Wait: The Tragic Case of a Mother Who Took Too Long “We are such stuff / As dreams are made on, and our little life / Is rounded with a sleep.” (Shakespeare) We aren’t comfortable thinking about our mortality, but death comes to all of us and it is our loved ones who...Continue Reading
12 Montrose Park Boulevard
Victoria Country Club Estate
Office Park
170 Peter Brown Drive, Montrose
Pietermaritzburg, 3201
KwaZulu-Natal
E: info@lhtc.co.za
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