by Guthrie Colananni Attorneys | Dec 1, 2020 | Credit Law, Debt Recovery, Litigation
“…prescription started its deadly trudge on the day the loan at issue in these proceedings was advanced” (extract from judgment below) You will know that most debts prescribe (become unclaimable) after 3 years, so as a creditor you need to know exactly when it starts...
by Guthrie Colananni Attorneys | Dec 1, 2020 | Company / Corporate / Compliance, Litigation, Property
“Suretyship is the precursor of ruin” (Thales of Miletus, one of the Seven Sages of Ancient Greece) As the philosopher and mathematician Thales pointed out two and a half millennia ago, signing surety for another’s debts carries huge risk. Yet every day directors of...
by Guthrie Colananni Attorneys | Dec 1, 2020 | Debt Recovery, Insolvency / Liquidation, Litigation, Trusts
Your debtor owes you a fortune, but when his estate is sequestrated there is nothing in his own name. However you find out that he is trustee of a wealthy family trust with lots of assets that you think are really his – can you recover from his trust? The answer is...
by Guthrie Colananni Attorneys | Dec 1, 2020 | Delict and Civil Claims, Litigation
You are engaged in a bitter dispute – perhaps it’s a fight over money, a family feud or a messy divorce, a disaffected employee or a vengeful neighbour. You decide to resort to Social Media “to tell the truth” about your nemesis. You feel totally safe doing so – after...
by Guthrie Colananni Attorneys | Dec 1, 2020 | Dispute Resolution, Litigation, Property
“Agree, for the law is costly” (Marcus Tullius Cicero, Roman lawyer and statesman) We all know how easy it is for misunderstandings and disputes to arise between landlords and tenants, and whilst most can be resolved with a bit of open communication and negotiation,...
by Guthrie Colananni Attorneys | Dec 1, 2020 | Litigation, Property
“You can be a good neighbour only if you have good neighbours” (Howard E. Koch) It looks as if we will still be under “restricted movement” orders for a while – even when we finally get down to Alert Level 2 and who knows when that will be. Tensions...
