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In a rare occurrence, an employment case has made it all the way to the Supreme Court.In FMV v TZB[1] the Supreme Court was tasked with determining whether the High Court or the Employment Relations Authority (Authority) had jurisdiction to hear the plaintiff’s claim where...
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As with any litigation, the issue of how estate litigation will be funded, or what costs can be recouped, will be at the forefront for the parties:a. Will the estate be able to recoup a proportion of their legal fees in the form of a costs award against an unsuccessful claim...
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Inland Revenue’s Tax Counsel Office (TCO) issued Technical Decision Summary (TDS 23) 23/01 on 22 February 2023. TDS 23/01 concerns whether settlement payments received after an employment dispute were taxable employment income. This TDS highlights the importance of co...
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Disputes between neighbours regarding trees is all too common. While trees offer a range of benefits, they too can cause a number of problems including: blocking views; blocking light/shades the neighbouring property; clogging gutters or drains; and damag...
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Section 182(1) of the Family Proceedings Act 1980 gives the Court the power, following dissolution of a marriage, to “inquire into the existence of … any ante-nuptial or post-nuptial settlement made on the parties” and, if there is such a settlement, to vary its terms....
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A recent Court of Appeal decision has reaffirmed the “pay now, argue later” provisions of the Construction Contracts Act 2002 (CCA) as the predominant force in construction contract payment disputes. It serves as a valuable reminder to both contractors and employers to h...
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On 16 August 2022, the Fair Trading Amendment Act 2021 (Amendment Act) comes into force and will extend the unfair contract terms (UCT) regime to include small trade contracts.Many businesses regularly use standard form contracts which will fall within the UCT regime without...
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