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Understanding the Legal and Practical Implications of a Builder’s Lien in Insolvency
In construction and property development, a builder’s lien is a crucial form of security for contractors and subcontractors, providing them with recourse in the event
Rescissions Of Judgments In The High Court
The circumstances under which a court may set aside a High Court judgment What is a judgment? If you don’t defend a summons issued
‘Residence Of A Company’
The impact of s23 (3) of the Companies Act 71 of 2008 (Companies Act) on the meaning of ‘residence’ in the context of s19 (1)(a)
How Do You Recover A Bad Debt?
If a debtor owes you money and doesn’t pay how do you go about recovering the amount due? If calling for payment hasn’t helped and a final demand
Mediation: Better Than Arm Wrestling
Provided there is a common motivation to settle the dispute on a reasonable and timely basis, there is very little to lose and everything to
Shareholders’ agreements under the new Companies Act of 2008
Grace period to harmonise conflicts between clauses in a shareholders agreement Memorandum and Articles of Association At present, most Shareholders’ Agreements provide that to the
Is the disclaimer at the bottom of your email enforceable?
As far as I have been able to establish, no court has pronounced on the enforceability of email disclaimers. Generally, they seek to impose a
Review of Memorandum of Incorporation and Shareholders Agreements
A company’s memorandum and articles of association have been replaced with a single document known as the ‘memorandum of incorporation’ The two year transitional period