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Litigation

How to recover debt

Someone owes me money. What is the next step to take? In the legal landscape, the commencement of formal proceedings can be a daunting and costly affair. However, there is a step that typically precedes litigation which can be both an effective tool for dispute resolution and a critical element in the legal process: the […]

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Why do you need a commercial lawyer?

So what is commercial law and why do you need an attorney if you're in business? The Indispensable Role of Attorneys in Commercial Law by Mc Naught and Co Director Mark Leathers: "The dynamic landscape of commercial law serves as the backbone for all business transactions, but its complexities can be akin to a labyrinthine […]

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Failing to honour a contract

What it means to sign a contract and consequences of a change of mind. (Article by Mark Leathers, Director of Mc Naught and Co): Not only when you are a first-time buyer, but especially so, the prospect of signing an offer to purchase for a home can be exciting and is sometimes something which people […]

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How to recover debt

Someone owes me money. What is the next step to take? In the legal landscape, the commencement of formal proceedings can be a daunting and costly affair. However, there is a step that typically precedes litigation which can be both an effective tool for dispute resolution and a critical element in the legal process: the […]

Read more
Why do you need a commercial lawyer?

So what is commercial law and why do you need an attorney if you're in business? The Indispensable Role of Attorneys in Commercial Law by Mc Naught and Co Director Mark Leathers: "The dynamic landscape of commercial law serves as the backbone for all business transactions, but its complexities can be akin to a labyrinthine […]

Read more
Failing to honour a contract

What it means to sign a contract and consequences of a change of mind. (Article by Mark Leathers, Director of Mc Naught and Co): Not only when you are a first-time buyer, but especially so, the prospect of signing an offer to purchase for a home can be exciting and is sometimes something which people […]

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Wrongfulness and Legal Duty

A recent judgment was passed in the Supreme Court of Appeal, the facts to the case itself are indeed interesting, especially for pet owners.

The claimant in the matter, arranged with her friends for a weekend of leisure at the Harmony Park Resort, a day camp (the Day Camp) situated at Strand in the Western Cape. The Day Camp was a public facility under the control of the defendant, the City of Cape Town.

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Did Joe get Hurt?

Joe was the Captain of his local rugby team and have been so for the past three years, but suddenly everything changed when a fellow team member had maliciously told a false story to a local newspaper reporter who often visits the team. This resulted in a meeting with the Rugby Club’s manager and Joe was stripped as Captain and kicked of the team. It was only after talking to a friend that Joe realized he was the victim of “Defamation of Character”.

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Medical Malpractice

In the President’s address on 09 April 2020 regarding the extension of the lockdown, a disturbing note was South Africa’s shortage of medical protective equipment for healthcare workers to help prevent the spread of the Coronavirus. Thus, making it high risk for our “army” who are on the forefront of this pandemic, fighting against an invisible enemy.

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Communication is Key to Success

The single biggest problem in communication is the illusion that it has taken place. This has been a discovery in many trial matters run throughout South Africa, whereby it seems some matters heard before the court in civil proceedings could have easily been resolved at an earlier stage and should never have reached trial stage.

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Division of Assets on Divorce

Who gets what? is the question that we get asked most when sitting down with clients to negotiate and finalise divorce settlement agreements.

Whilst an uncontested divorce where the parties are able to agree on the proprietary consequences (division of assets) gives room to cater to what best suits each couple in their circumstances, the law determines the basic rights and entitlement of each party as regards assets and liabilities in the case of divorce should no settlement be reached.

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Landlord remedies for Rental Arrears

Landlords in South Africa face a common problem regarding their rental properties. The tenant who does not pay inevitably will be evicted, but did you know, that you have a further remedy to claim your rental arrears.

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