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Building in Security Estates: The ‘Persuasive Sting’ of Penalty Levies

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“… 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...

Why You Should Sign a Power of Attorney Before You Emigrate or Travel

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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...

Creditors: How to Secure Your Claim with a Notarial Bond

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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 only a...

Dismissed for Criticising a Mine’s “No High Heels in the Workplace” Rule

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“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 and safety in the workplace. But as a...

Website of the Month: Four Key Areas in Your Strategic Planning

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“Strategy is the art of carefully selecting where a business applies its focus and resources in order to achieve its ultimate aim. A large part of the work is in selecting what not to do rather than what’s to be added.” Strategic planning is an essential part of optimising...

Your Will Can’t Wait: The Tragic Case of a Mother Who Took Too Long

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“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 will suffer if we don’t make plans to look after them whilst we...

Owning Property Jointly – The Rewards, The Risks, and The Remedy

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“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 falling-out with your co-owner....

Heigh Ho, Heigh Ho, It’s Off to Court We Go – But What are the Costs of Suing?

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“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...

It’s Not Simple to Sell a House in Execution (Even if a Trust Owns It)

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“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 in...

Website of the Month: Seven Steps to Becoming a Successful Landlord

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“Landlords grow rich in their sleep” (John Stuart Mill) Earning passive income as a landlord is an attractive proposition which can generate substantial wealth, but before you rush into anything be sure to know exactly what you are doing. “From homeowner to landlord: how to make...

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