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Monday 09:15 - 18:45 Tuesday 09:15 - 18:45 Wednesday 09:15 - 18:45 Thursday 09:15 - 18:45 Friday 09:15 - 18:45

Darrolls Attorneys

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Darrolls Attorneys

Attorneys based in Newlands, Cape Town. Commercial Law | Corporate Law | Conveyancing Law | Litigation

Lawyer specialising in: Commercial, Commercial Drafting, Contracts, Conveyancing, Deceased Estates, Divorce, Employment Law, Estates, Family Law, Labour Law, Litigation (High Court), Litigation (Magistrates Court), Maintenance, Matrimonial, Trademarks, Trusts, Wills.

28/11/2019

It Pays to Report Crime! First Offender’s 20 Years in Prison Confirmed for R4.9m Fraud

Given half a chance, our courts take firm action against crime, and a recent Supreme Court of Appeal judgment is only one of many recent instances of victims seeing justice delivered in full force to the criminals who preyed on them.

A SETA employee who defrauded grant beneficiaries of R4.9m was sentenced to 20 years in prison. The fact that he was a first offender, his expressions of remorse and his plan to repay his victims cut no ice with the Court, which described white collar crime, particularly fraud, as “a cancer that is crippling our country from the core”.

Our law’s minimum sentencing provisions played a part in this outcome, and we examine how minimum sentences work, the wide range of serious offences they apply to, and how they are there to give heart to victims that justice will be served.

READ MORE: https://bit.ly/2PVB1PZ

21/11/2019

Employees on Probation: Can You Dismiss for Poor Performance?

You decide to hire a new employee, but neither of you is entirely sure that the “fit” will be right. Will the job suit the new hire and vice versa?

The good news is that our law allows you to employ someone new on a probationary basis precisely so that you can determine suitability, but beware – that does not mean that you have carte blanche to dismiss him/her at will during the period of probation. In fact if any form of corrective action should become necessary you have to ensure that it is “fair” in every respect.

Let’s have a look at how you should go about doing that, at the applicable Code of Good Practice, and at a practical example recently decided in the Labour Appeal Court.

READ MORE: https://bit.ly/32lOPFZ

14/11/2019

About To Marry? Don’t Forget Your ANC and the 3 Types of Marriage

It’s Wedding Season again, so here’s a timely reminder to all you happy couples working on your “To Do” lists - put the “boring legal bits” high up in the priority section and not squashed down at the bottom in between “Book Airbnb for Auntie Jo” and “Bath dog”.

We’ll discuss what exactly an antenuptial contract (ANC) is, what it does for both of you, and why it is an essential planning tool for your future life together. Then we’ll analyse your 3 choices when it comes to which “marital regime” will apply to you (with a useful practical example of the “accrual system” in action).

We’ll end off with some thoughts for those already married…

READ MORE: https://bit.ly/2Nn4zVa

07/11/2019

“Seller’s Remorse” and “Subject to Sale of the Buyer’s Property” – Can They Sink the Sale?

Holiday Season can be an ideal time to buy and sell residential property, and if you are in the market for a house – or about to put yours up for sale – be mindful of the fact that both “seller’s remorse” and sales with suspensive conditions (like “subject to sale of the buyer’s property”) are much more likely now than they have been for some time.

So both buyers and sellers need to understand whether it is easy or difficult for a seller to escape from a sale agreement signed in haste.

We discuss a recent High Court decision which addressed three important questions put forward by just such a remorseful seller in trying to avoid the consequences of her signature.

READ MORE: https://bit.ly/2PNUp1o

24/10/2019

How Courts Sort Fact from Fiction - A Tale of Jags, Deception and Damages

Sometimes you just have to sue to enforce your rights, and should sweet victory crown your efforts you will celebrate your decision to do so. But litigation isn’t for the faint-hearted, and apart from the cost, delay and stress of fighting your way through our courts, you will want to reduce your risk factors upfront as much as you can. So if your opponent’s version of events is totally at odds with yours you will want some comfort that it is your version that is likely to win the day.

But just how can you predict which way the court will go in deciding which version to accept? We explain, with reference to a most interesting High Court fight over whether or not a (relatively inexpensive) Jaguar XF had been fraudulently sold by a dealership as a (much more expensive) Jaguar XFR.

READ MORE: https://www.dotnews.co.za/Code/Article.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yTqGkihUzUkqCmU+l6Z5oT9FnCX+CPLClHIeksuKbPg6HAG45Gvd3T84Kds9toRWDQHOK0mR+GlpA0HqOrYdSH0YBdAscHdZZMJgzw2RGLJ1DSdsS0oqF4DoUYd59CKu+P7ybg5YusXoxjaTioCtuVx

17/10/2019

Security Complexes and Fibre – You Can Use Telkom Ducting After All

If you live in a “community scheme” such as a residential security estate, you probably access the Internet and make calls via either ADSL or fibre, with the necessary cabling running in underground ducting installed by the developer.

Unless your complex is brand new, that ducting is probably occupied by Telkom’s copper cabling, and in 2017 Telkom won an important case against a Home Owners Association (HOA) which wanted Vodacom to install fibre for it in the existing ducting. That outcome left HOAs and homeowners around the country facing the delay, disruption and cost of having to create new underground infrastructure.

We discuss a recent Supreme Court of Appeal decision reversing that…

READ MORE: https://www.dotnews.co.za/Code/Article.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yTqGkihUzUkqCmU+l6Z5oT9FnCX+CPLClHIeksuKbPg6HAG45Gvd3T84Kds9toRWDQHOK0mR+GlpA0HqOrYdSH0YBdAscHdZZMJgzw2RGLJ1DSdsS0oqF4DoUYd59CKu+MAmWrSdKh1aWXQ36a3Lxvw

10/10/2019

Dementia and Incapacity: What is a Power of Attorney and is it Forever?

It’s a growing problem – with our aging population comes a steady increase in the number of older people developing dementia and other incapacitating mental conditions.

How as a family member or caregiver can you help? How as a person approaching old age can you plan for a future time when you will need help? Your first thought will likely be the quick, simple and cheap option of a power of attorney, but beware – it will fail (in a legal sense) just when it is needed most.

We’ll have a look at what a power of attorney is, at why it is (unfortunately) not a “forever” solution, and at the alternatives available to you.

READ MORE: https://www.dotnews.co.za/Code/Article.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yTqGkihUzUkqCmU+l6Z5oT9FnCX+CPLClHIeksuKbPg6HAG45Gvd3T84Kds9toRWDQHOK0mR+GlpA0HqOrYdSH0YBdAscHdZZMJgzw2RGLJ1DSdsS0oqF4DoUYd59CKu+ON0mzUwjXmBg4lJ9pTVzNr

03/10/2019

Landlord vs Tenant: When Can You Cut Electricity or Change the Locks?

Landlord vs tenant disputes can quickly escalate into protracted and expensive litigation, and as a landlord you may be tempted to take the law into your own hands by changing locks, cutting electricity etc.

We analyse our law in that regard, explain what a “spoliation order” is and what a tenant must prove to obtain one, and discuss a recent High Court case in which an internet café owner in a shopping centre disputed her landlord’s method of billing for electricity.

When the landlord cut her electricity and changed the locks she successfully asked the High Court for a “spoliation order” – a good practical example of why unlawful self-help is a bad option for landlords.

READ MORE: https://www.dotnews.co.za/Code/Article.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yTqGkihUzUkqCmU+l6Z5oT9FnCX+CPLClHIeksuKbPg6HAG45Gvd3T84Kds9toRWDQHOK0mR+GlpA0HqOrYdSH0YBdAscHdZZMJgzw2RGLJ1DSdsS0oqF4DoUYd59CKu+MWtAXcMZdGnhWj+9DbLimy

26/09/2019

Home Builders – Your Contractor Must Register with the NHBRC

Whether you are a residential property developer, building your own house, or the builder/contractor employed to build it, understand how vital it is to comply with the Housing Consumers Protection Measures Act and its requirements of registering with, and paying enrolment fees to, the NHBRC.

It’s important legislation, designed to “offer protection against incompetent builders and the construction of homes having structural defects”, and failure to comply with it comes with severe negative consequences.

We discuss two recent and important court cases on the subject of whether the Act applies to builders that are trusts, and to “buy-to-let” developers.

READ MORE: https://www.dotnews.co.za/Code/Article.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yQvIIDhqB2Eknk5tf5Gc6juyaOnexO9fuUME3PEyO8quRy9abbHe7e9t39klmR+x6jpiUDRKniGdw4uSMGBC1nx+FktthJhLxqTCpDNFidQF309tMIbO/OLsS4ig3J1WHyWabIwQoJ4aIrmrw0k3/3c

19/09/2019

What is Poor Work Performance? A Case of Missed Sales Targets

The deal between employer and employee boils down to this: “I agree to pay you in return for the work you do for me”, and an employee whose work performance is inadequate by definition breaches that deal.

Does that give you as employer the right to dismiss your employee? If the dismissal ends up in court, who bears the onus of proving that the dismissal was fair or unfair? Do our employment laws give you any guidance on when dismissal will and won’t be regarded as fair?

We address those questions by discussing a recent Labour Court case in which a group of sales reps failed to meet their sales targets, and were fired for it.

READ MORE: https://www.dotnews.co.za/Code/Article.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yQvIIDhqB2Eknk5tf5Gc6juyaOnexO9fuUME3PEyO8quRy9abbHe7e9t39klmR+x6jpiUDRKniGdw4uSMGBC1nx+FktthJhLxqTCpDNFidQF309tMIbO/OLsS4ig3J1WHzi4Z1hHJBlm2G+v9MtTzOc

12/09/2019

Property: Are Verbal Agreements Valid?

As movie mogul Samuel Goldwyn is said to have put it “A verbal contract isn't worth the paper it's written on”. The problem with oral agreements is that they are open to misinterpretation, doubt, dispute and outright fraudulent denial. Rather record and sign everything even when (as is the case with most contracts in South Africa) verbal contracts are every bit as binding as written ones.

Sometimes however verbal contracts aren’t just a bad idea, they aren’t valid at all – for example an oral contract for the sale, exchange or donation of land, or of any “interest in land”, is invalid. We address the danger of overlooking that requirement in the context of a recent High Court dispute over a “right of way” agreement.

READ MORE: https://www.dotnews.co.za/Code/Article.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yQvIIDhqB2Eknk5tf5Gc6juyaOnexO9fuUME3PEyO8quRy9abbHe7e9t39klmR+x6jpiUDRKniGdw4uSMGBC1nx+FktthJhLxqTCpDNFidQF309tMIbO/OLsS4ig3J1WHyImJgh3ig+0CwCjdkXk7g+

05/09/2019

Your Will: What You Can and Can’t Do

A properly drawn and executed will (your “Last Will and Testament”) is the only way for you to ensure that your loved ones are properly looked after once you are gone.

Perhaps most importantly, only by making your own will can you specify who is to inherit what from you. But is your “Freedom of Testation” limited in any way? Can you disinherit your spouse, or your children? Who chooses who will benefit from your pension and retirement funds?

These are critical questions, and we discuss the answers to them with reference both to several important court decisions on the matter, and to general legal principles which you should know about.

READ MORE: https://www.dotnews.co.za/Code/Article.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yQvIIDhqB2Eknk5tf5Gc6juyaOnexO9fuUME3PEyO8quRy9abbHe7e9t39klmR+x6jpiUDRKniGdw4uSMGBC1nx+FktthJhLxqTCpDNFidQF309tMIbO/OLsS4ig3J1WHyRgazusTznPPGAhiMkk7F+

Address

Thibault Chambers 30 Avenue
Cape Town
7700

Opening Hours

Monday	09:15 - 18:45
Tuesday	09:15 - 18:45
Wednesday	09:15 - 18:45
Thursday	09:15 - 18:45
Friday	09:15 - 18:45

Telephone

021 6716408

Website

http://www.darroll-law.com/

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