Employment Law Constructive dismissal takes place when employee is forced to resign against his will When an employee resigns not because he wants to but because of the situation he or she is found at the place of work, is…Marthese HiliMay 16, 2021
Civil LawCommercial Law A direct relationship establishes a juridical relationship The involvement of a third party in a contract of works puts in doubt the juridical relationship between the parties. This was held in Rasem…MMA EditorMay 9, 2021
Financial ServicesProperty Law Tax valuation takes into consideration whether airspace can be developed For the purposes of tax valuation, the Tax Commissioner is able to consider whether airspace purchased can be developed.Marthese HiliOctober 18, 2020
Civil LawConsumer Law Re-discussing an agreement does not terminate that agreement If one party to agreement wants to re-discuss any terms, the agreement is still valid at law. This was decided by the Court of Appeal…Marthese HiliSeptember 6, 2020
Civil LawProcedural Law Payment of deposit in civil appeals is essential The payment of a deposit before the first sitting of an appeal is essential as it guarantees the court expenses, without which the appeal will…MMA EditorSeptember 4, 2020
Civil Law If there is no fraud, the best evidence rule should apply on the quantum of a claim The Court held that although there is a difference between the valuation of a damaged item, if there is no fraud, then the court is…MMA EditorFebruary 16, 2018
Property Law Knowledge of spoliation is sufficient The defendant need not be the person who carried out the spoliation, but the knowledge that the works were being carried is sufficient for that…MMA EditorFebruary 9, 2018
Arbitration Law Extra works must be paid for The Court of Appeal ruled that a contractor must be paid for extra works carried out. This was held on 31 October, 2016 in Saviour…Marthese HiliNovember 11, 2016