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Parking Disputes and the 'Reasonable Neighbour' Test
'Wouldn’t it be nice to get on with me neighbours?' (from 'Lazy Sunday' by Small Faces) Maintaining friendly relations with the neighbours, or at least an 'I’ll ignore you if you ignore me' sort of neutrality, has probably been a primary aim of homeowners since the dawn of history. No doubt even our cave dwelling ancestors were as keen to get on with the Joneses next door as they were to keep up with them. But as we all know, it’s not always easy. A recent High Court fight o
King-Essack & Associates
1 day ago3 min read


How to Fund Your Divorce if Your Spouse Can Outlitigate You
'For what is wedlock forced but a hell, an age of discord and continual strife?' (William Shakespeare in Henry VI Part I) This article is a balm for anyone unfortunate enough to be stuck in an unhappy marriage full of Shakespeare’s 'discord and continual strife', yet too scared to consider divorce because of the costs. An uncontested divorce in which you agree on everything need not cost much but it’s a very different story if you know that your spouse will fight you to the b
King-Essack & Associates
Mar 253 min read


Divorce Lawfare: The Serial Litigant and his Stalingrad Strategy
'This [the Stalingrad Strategy] is a strategy of wearing down the plaintiff by tenaciously fighting anything the plaintiff presents by whatever means possible and appealing every ruling favourable to the plaintiff. Here, the defendant does not present a meritorious case. This tactic or strategy is named for the Russian city besieged by the Germans in World War II.' (Judges Matter website) Divorce disputes are of course intensely personal and emotionally charged affairs - and
King-Essack & Associates
Feb 243 min read


Neighbours’ Facebook Feud: Cat Pics, Karens & Keyboard Muppets
'Dance like no one is watching, but text, post and email like it will be read in court one day.' (Anon) When can the target of rude comments and insults on a community Facebook group sue? The High Court recently grappled with a community debate over free-roaming jackals that turned sour. The golf estate and the Facebook group The scene here is one of Sandton’s large and secure golf estates, whose closed Facebook group, aimed at fostering community spirit, reaches some 1 800 r
King-Essack & Associates
Feb 44 min read


Prescription, Procrastination and Personal Liability for Corporate Debts
'I have heard that in war, haste can be folly, but have never seen delay that was wise.' (Sun Tzu, The Art of War) Collecting debt from a recalcitrant debtor can feel very much like going to war, particularly if you have to slog through the trenches of a series of increasingly costly court battles. Which is where Sun Tzu’s warning against delay comes into play because not starting collection in time could defeat your claim entirely. The reason of course is that debts - with o
King-Essack & Associates
Jan 83 min read


Don’t Let Cybercriminals Haunt You this Halloween - Verify, Verify, Verify!
'If you suspect deceit, hit delete!' (Online cybersecurity slogan) October is Cybersecurity Awareness Month, a good time to note that as cybercrime continues to grow, more and more businesses and individuals are falling victim to the dreaded 'BEC' or 'Business Email Compromise' fraud. The million-dollar question: Who takes the hit? Typically in a BEC fraud, email or other electronic communications between a creditor and debtor (often a seller and buyer, or service provider an
King-Essack & Associates
Oct 27, 20253 min read


Hamburger From Hell Takes a Bite out of Restaurant’s Profits & Reputation
' You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.' (Lord Atkin in the groundbreaking 1932 House of Lords decision that found a soft drink manufacturer liable for a consumer’s shock and illness after she discovered a decomposed snail in the remains of her ginger beer.) A simple burger night turned into an ordeal for a diner who swallowed a 'needle-like object' hidden in her meal. The High Court
King-Essack & Associates
Oct 24, 20252 min read


A Thought for Heritage Day – How Does Ubuntu Impact Your Legal Rights?
“In Africa there is a concept known as ‘ubuntu’ – the profound sense that we are human only through the humanity of others.” (Nelson...
King-Essack & Associates
Sep 24, 20253 min read


Your House Burns to the Ground: Can You Hold the Seller Liable?
'Time shall unfold what plighted cunning hides.' (William Shakespeare, in King Lear) A recent High Court judgment confirms, yet again,...
King-Essack & Associates
Aug 27, 20253 min read


How to Avoid Fighting Over the House – A Guide for Life Partners
'An ounce of prevention is worth a pound of bandages and adhesive tape.' (Groucho Marx) It’s a perennial topic of dispute in our courts....
King-Essack & Associates
Aug 14, 20254 min read


Explore Comprehensive Legal Solutions in South Africa
In today's complex world, legal matters can arise unexpectedly. Whether you're facing a family dispute, need help with a business...
King-Essack & Associates
Aug 5, 20254 min read


When Does a Property Defect Justify Cancellation? A Costly Case of Buyer’s Remorse
'Look before you leap.' (Wise old proverb) Imagine sealing the deal on your dream property, only to wake up at 3am beset by sudden...
King-Essack & Associates
Jul 23, 20253 min read


BFFs no More: The Verbal Agreement That Cost R1 Million
'My word is my bond.' (Once the motto of 16th-century merchants, adopted by ’90s hip-hop artists and now tossed around by duelling...
King-Essack & Associates
Jun 18, 20253 min read


Can a Body Corporate Cut the Power? It’s Complicated
'A body corporate’s lot is not an easy one.' (With apologies to Gilbert and Sullivan) One of a body corporate’s core functions is to...
King-Essack & Associates
Jun 12, 20253 min read


Braai Chain Hauled Over the Coals for Hidden Service Charges and Fined R1m
'The secret of life is honesty and fair dealing…If you can fake that, you’ve got it made.' (Groucho Marx) We’ve all had this experience –...
King-Essack & Associates
May 7, 20253 min read


A Complex Issue: Beware Late Building Penalties
'Home wasn't built in a day.' (Jane Ace, radio comedian) You find the perfect plot on which to build your dream home in a security...
King-Essack & Associates
Apr 30, 20254 min read


Directors: Here’s How to Avoid Being Sued for Company Debts
' To be prepared is half the victory.' (Miguel de Cervantes, author of Don Quixote) Perhaps you’re a director losing sleep over the risk...
King-Essack & Associates
Mar 5, 20253 min read


Revenge Porn and a Fake Facebook Profile – Online Defamation Costs a Couple R3,55m
Our laws are always protective of our rights to privacy and dignity.
King-Essack & Associates
Feb 26, 20253 min read


No Means No: What the New Case on Consent Means for Victims of Sexual Violence
'Sexual violence is a horrific reality that continues to plague this country.' (Quoted in judgment below) It’s often said that victims of...
King-Essack & Associates
Jan 30, 20253 min read


A New School Year Dawns – Can Unpaid Fees Bar Your Child From Enrolling?
'I have never let my schooling interfere with my education.' (Mark Twain) Our Constitution guarantees everyone rights to education but...
King-Essack & Associates
Jan 13, 20253 min read
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