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

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

by Guthrie Colananni Attorneys | Aug 29, 2022 | Litigation

“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...
Directors, Creditors – Do Personal Suretyships Survive Business Rescue?

Directors, Creditors – Do Personal Suretyships Survive Business Rescue?

by Guthrie Colananni Attorneys | Jul 27, 2021 | Company / Corporate / Compliance, Insolvency / Liquidation, Litigation

“Creditors have better memories than debtors” (Benjamin Franklin) In these hard times of pandemic and economically destructive unrest, an unfortunate number of businesses face collapse, and many will opt for the “first aid for companies” option of business...
Suing a Debtor – Make Sure Your Victory Isn’t a Hollow One

Suing a Debtor – Make Sure Your Victory Isn’t a Hollow One

by Guthrie Colananni Attorneys | Jan 27, 2021 | Debt Recovery, Litigation

“Pyrrhic victory”, n. A very costly victory, wherein the considerable losses outweigh the gain, so as to render the struggle not worth the cost (Wiktionary) With our economic woes unlikely to abate any time soon, expect an increasing number of your debtors to find...
Employers: When Should You Sue Rogue Employees? A R33m Example

Employers: When Should You Sue Rogue Employees? A R33m Example

by Guthrie Colananni Attorneys | Dec 1, 2020 | Employment and Labour Law, Litigation

“It is the duty of an employee when rendering his or her services always to act exclusively in the interest of the employer … an employee is not entitled to use his or her employment relationship with the employer without the employer’s permission to make a...
Reporting Crime and the Defamation Danger: Lessons from the Workplace

Reporting Crime and the Defamation Danger: Lessons from the Workplace

by Guthrie Colananni Attorneys | Dec 1, 2020 | Criminal Law / Crime, Delict and Civil Claims, Employment and Labour Law, Litigation

Believing someone to be guilty of a crime you call the police and have the suspect arrested, only to have the charges dropped. Can you be sued for defamation? A recent High Court case provides some answers.   A fraudulent iPad order, an arrest and a R1.6m claim A...
Your Body Corporate and Arrear Levies: To Sequestrate or Not To Sequestrate?

Your Body Corporate and Arrear Levies: To Sequestrate or Not To Sequestrate?

by Guthrie Colananni Attorneys | Dec 1, 2020 | Debt Recovery, Insolvency / Liquidation, Litigation, Property

“…aye, there’s the rub” (Shakespeare) Levies are the lifeblood of a sectional title scheme, and the Body Corporate has a duty to recover arrears from defaulting owners. It has the power, in addition to following standard debt collection procedures and perhaps...
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