Month: December 2019

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Retrospective Law – Does it Alter Your Legal Rights?

What happens if a new law comes into force? Will it supplement/ replace its predecessors? Will it replaces the rights that you have acquired by virtue of conforming to the existing law? Which law must you adhere to? Will you be breaching the new law if you are to adhere to the old law? This…
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December 31, 2019 0

Death Inquiry

What is a death inquiry? A death inquiry is a legal process carried out by a Magistrate when a person is suspected to have died suddenly/ unnaturally/ by violence/ by an unknown means to ascertain: The identity of the deceased; When, where and how did the deceased passed away; Who caused the death of the…
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December 26, 2019 0

Void? The Conditional Payment Conundrum

The Construction Industry Payment and Adjudication Act (“the Act”) was created to provide an alternative method for a party to recover the unpaid sum that is due to them in a construction contract. More specifically, it was created to remedy the ‘pay-when-paid’ situation in the construction industry. In the construction industry, this is known as…
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December 14, 2019 0

Class Action

What is a class action? A class action or representative action is a term used when a number of individuals who have the same interest or endgame wish to institute an action/ defend an action against another party. It can be done via one member representing everyone else or all members except one or more…
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December 7, 2019 0

Judicial Notice

What is judicial notice? Judicial notice or judicial cognisance is defined as follows: “Judicial notice refers to facts which a judge can be called upon to receive act to act upon either from his general knowledge of them or from inquiries to be made by himself for his own information from sources to which it…
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December 4, 2019 0