“Spoliation is the wrongful deprivation of another’s right of possession. The aim of spoliation is to prevent self-help. It seeks to prevent people from taking the law into their own hands … The cause for possession is irrelevant – that
When can creditors attack trust assets?
Trusts can be valuable estate planning tools, and are often legitimately used to protect assets from the risks of business failure. They must however be structured and administered correctly and lawfully otherwise, as illustrated in a recent High Court case,
Double comission danger! Sellers, Buyers and Agents beware
“Double, Double Toil and Trouble” (Shakespeare) Particularly in these challenging times, properties are often marketed by multiple estate agents before a successful sale is finally achieved. The resultant risks (for all concerned) are illustrated in a case recently before the
Garnishee orders – Are 2 million of them now invalid? An action plan for employers, creditors and debtors
“The ability of people to earn an income and support themselves and their families is central to the right to human dignity” (Extract from judgment below) “Garnishee” orders (more properly “Emoluments Attachment Orders” or EAOs) are often used by creditors
Business rescue – Is it too late after liquidation? The supreme court of appeal speaks
An important new SCA (Supreme Court of Appeal) decision recently addressed the following scenario – A close corporation runs a business renting out its commercial properties. The properties are bonded to a bank. The close corporation was placed into final
EMPLOYERS: IMPORTANT BREAKS FOR SMALL BUSINESSES YOU NEED TO KNOW ABOUT
“…..we believe that the SME sector is critical in stimulating economic development, and that it is also a pivotal area in terms of innovation, skills development, entrepreneurship, labour-absorption and job-creation” (from a speech by the Deputy Minister of Small Business
RENTING IN A COMPLEX? READ THE RULES!
“….. parties are free to contract as they please. The law permits perfect freedom of contract. Parties are left to make their own agreements, and whatever the agreements are, the law will enforce them provided they contain nothing illegal or
SELLING A BUSINESS WITH GOODWILL: BEWARE THIS IMPLIED PROHIBITION
When you sell a business including its “goodwill”, you will likely be prevented from opening up in competition with your old business by a “restraint of trade clause” in the sale agreement. Your 5 year restraint period lapses –
FAMILY RESPONSIBILITY LEAVE – YOUR FAQs
When can an employee take fully-paid leave to deal with family matters and not have it deducted from his/her annual leave entitlement? This is often a source of confusion for both employers and employees, but it needn’t be. The BCEA
LANDLORDS: CAN YOU SWITCH OFF YOUR DEFAULTING TENANT’S LIGHTS?
Your tenant isn’t paying rent and refuses to move out – can you turn the electricity off? First – commercial or residential? The judgment discussed in this article relates to a commercial occupier and as is noted below, residential occupiers enjoy additional protections to