dwp eNewsletter
Vol 2 : Ed 6 - November 2008
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| welcome |
The end of the year is neigh - Christmas is less than two months away and the shops are already unpacking the trees and tinsel!
If your Christmas stocking is predicted to look a little empty this month, give us a call - maybe our collections department can make sure those debtors pay up before all of the cash disappears in the process of the festivities.
This month we have the usual selection of articles for you - we trust and hope you will enjoy!
| in short |
| absolut lawsuit |
Vin
and Spirit (V&S), owners of the premier Swedish Vodka brand Absolut
vodka, are suing Virgin Radio for a copyright infringement said to have
arisen from the renaming of one of Virgin’s radio stations as “Absolute
Radio”.
V&S claim that the use of the name “absolute” creates the risk of
confusion by Absolute Radio “passing off” its services as those of
Absolut's.
>>> Read further (full article)
| ek sę |
| bk lid = liddoring skuldenaar? |
Om roekeloos en nalatig op te tree as lede (en selfs nie lede) van ‘n
Beslote Korporasie en daarna agter die regsentiteit daarvan te skuil, is
uit soos koekies in die weeshuis - na aanleiding van die volgende
uitspraak van die Hoogste Hof Van Appél.
>>> Lees verder (volledige artikel)
| mekanik |
| executing a judgment against the state |
In the recent judgment of Nyathi v Mec for Department of Health,
Gauteng, section 3 of the State Liability Act was declared unconstitutional.
S3 reads,
‘No execution, attachment or like process shall be issued against the defendant or respondent in any such action or proceeding or against any property of the state.’
The judgment dealt with the difficulties associated with enforcing judgments against the state, who have repeatedly ignored the plight of some of the most vulnerable members in our society. This judgment will hopefully pave the way for effective legislation, which will ensure that judgment debts are enforced.
>>> Read further (full article)
| nowheresville |
| no such thing as a right to a view! |
This
was the finding of the recent Constitutional Case of Walele v City of
Cape Town & Others. Dr. Walele had objected to the building of a 4
storey block of flats on his neighbours’ property arguing that the flats
would block his view and result in a decrease of his property value.
>>> Read further (full article)
| br!ghtshark |
| digital piracy = “dangerous” e-stealing? |
Recently some Somali pirates caught the world’s attention, but another kind of pirate has also recently been hunted, although with much less drama than the Somali food pirates. Since the beginning of this month, the BSA (Business Software Alliance), has been airing advertisements on local radio stations, offering employees up to R100 000* (with the obligatory T&C asterisk of course) if they rat on their employers for using pirated or copied software.
>>> Read further (full article)
| rollonfriday |
| thick lawyer and foul-mouthed defendant apologise |
It's been a week when both defendants and lawyers have found themselves writing desperate apology notes to judges.
A US lawyer found himself ordered to write a 200 word letter of apology after a judge deemed his motion "unprofessional and disrespectful of opposing counsel". The judge said that the motion was "utterly frivolous and reflects total ignorance of the applicable rules", and made the unfortunate attorney write a note setting exactly how he had "misread and / or ignored" them. They don't teach you that at Harvard Law School.
Meanwhile, in Sydney a defendant wrote an apologetic note to a female judge after unleashing a bizarre rant at her, peppered with four letter words. Choice phrases included, "how about I just plead guilty to the whole f***ing lot and you just send me to jail?", "of course you're going to go against me you're a woman". And this one which RollOnFriday will be using when next addressing the nice man from the Inland Revenue: "I would too if I was you, you f***ing c***, you f***ing dog, you f***ing moll".
He subsequently wrote an apology which explained that he was on speed at the time, and didn't know what he was doing. He also begged not to be sent back to jail - and it seems the judge may have taken pity as he escaped a prison sentence.
(This section is made possible courtesy of RollOnFriday.com, visit them at www.rollonfriday.com)
| admin stuff |
|as boring as the small print |
If you have any questions, comments, want to know some more on any of these topics or want to suggest a topic for discussion, please drop us a shout at info@dwp.co.za.
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Disclaimer: None of
the information in this newsletter should be taken as professional
advice. Unfortunately human error does sometimes creep in and the
printers devil also does not always keep away from the door. We can
therefore not accept any responsibility for any of the content of this
newsletter without you coming to see us first so that we can take proper
instructions from you about your circumstances and apply the necessary
legal points to your problem.
| contact us |
delport ward & pienaar
attorneys,
notaries & conveyancers
1st floor - cornerstone house
16 loop street
cape town
8001
telephone, cape town
+27-21-419.3733
telefax, general
+27-21-419.3743
telefax, conveyancing
+27-21-425.6782
telefax, collections
dept
+27-21-421.6625
telephone, london
+44-20-8133.0337
telephone, washington
dc
+1-202-657.6733
telephone, hong kong
+852-8139.7374
| info@dwp.co.za |
1st floor - cornerstone house, 16 loop street, cape town | docex 600, cpt | t, +27-21-4193733 | f, +27-21-4193743