Media

Property: Green Shoots, Agent’s Commission and Fidelity Fund Certificates

“Ninety percent of all millionaires become so through owning real estate. More money has been made in real estate than in all industrial investments combined. The wise young man or wage earner of today invests his money in real estate” (Andrew Carnegie, billionaire industrialist) Dollar billionaire Andrew Carnegie said it a century ago, and it still rings true – wise property investment can be hard to beat when it comes to accumulating wealth. The exciting...

The Pandemic and Business Interruption Cover – Can You Claim?

“…it must be asked whether, but for the Covid-19 outbreak, the interruption or interference to the Applicant’s business would have occurred when the Lockdown Regulations were promulgated” (extract from the judgment below) It’s no surprise that our media has been awash with reports on the recent High Court judgment around a restaurant’s business interruption cover claims. The restaurant in question, like many other businesses of all types and sizes, has...

Lockdown “Admission of Guilt” Fines – The Criminal Record Risk

Breaking any of our lockdown laws can be an expensive business, risking heavy penalties.  If you are accused of a contravention and offered the option of paying an “admission of guilt” fine to avoid a court appearance, beware! It may seem like the easy way out to pay up and put the whole thing behind you but it could land you with a criminal record.  You really don’t want to have a criminal record! Having a criminal record comes with serious and...

Property Subsidence: New Law, Strict Liability and Ubuntu

“…every landowner has a right to the lateral support and where subsidence or other destabilisation occurs, as a result of excavations on an adjacent property, the owner of the adjacent property will be liable in an action for damages irrespective of whether she was negligent or not.” (Extract from judgment below) It’s every homeowner’s nightmare – your property starts subsiding and as the tell-tale cracks in the living room widen alarmingly, it begins to dawn...

Websites of the Month: Why and How to Encourage Whistleblowing in Your Workplace

Our law (in the form of the Protected Disclosures Act) encourages employees to disclose unlawful or irregular conduct in their workplaces without fear of reprisal.  Why encourage it? “3 Reasons Why Whistleblowing is Important for Public and Private Companies” on the Compliance Line website here suggests that employers should actively encourage their employees to “whistleblow” because – “The majority of fraud is captured through Whistleblowing”....

Electronic Signatures in Property and Other Transactions

“To sign a document means to authenticate that which stands for or is intended to represent the name of the person who is to authenticate” (quoted in the case below) We all know that verbal agreements, although fully binding for most types of transaction, are a recipe for uncertainty and dispute. It’s not just a question of trust – even if no one is deliberately dishonest about what was agreed, innocent misunderstandings are common. We have a natural...