Yahia Nazroo’s Post

It was a very enriching exchange and anyone interested in studying law should get in touch with the University of Law to explore the vast opportunities available.

Looking forward to a very fruitful discussion this afternoon.

Celebrating EARTH DAY 2024 with this rare footage of a 6 to 8 weeks old calf (we named Lana together with some fellow divers who withessed this moment) happily playing alongside its mother in the waters of Mauritius. It is apparently extremely rare to see a calf so young and I am happy to share this with you on this occasion. Lets keep our earth a sustainable place where we can live in harmony with such beauties! #sustainability #earthday #earth #humpback #whale #calf #preserve #oneworld

The Court of Civil Appeal confirmed that the trial judge could act solely on the affidavit evidence before the court without the need to hear oral evidence under oath in the absence of any affidavit in reply from the respondent and his absence in court on the day of trial.

This deserved a post! FUJIFILM favoured only 1934 persons in the world with this stunning camera to celebrate its 90th anniversary. Mine bears manufacture number 0629/1934. This 40 million pixels piece of wonder will now follow me everywhere for my photo documentaries! #fujifilm_xseries #fujifilm #x100vi #fujifilmsa #celebrations #anniversary #limitededition #lucky #amazing #silver #40mpixel

This recent judgment will likely have both employers and employees think differently about the workplace! Have a good read.

I am proud to share that Appleby has retained its leading Tier 1 position in the 2024 edition of The Legal 500 Europe, Middle East & Africa rankings. Whilst it is very rewarding to be ranked as a Leading Junior in the Commercial Disputes Barristers category, the ultimate reward is definitely to read these testimonials from our clients: ‘Very collaborative and very passionate about what he does such that he will not only advise you on a subject that you need his service for but will look into the big picture and examine all the expected impacts.’ A deep understanding of the Mauritian system and its players.’ ‘Appleby will work all hours and go to all lengths to get the material prepared. Nothing is too much trouble. They are agile and able to hear new information and change their minds – key from a client perspective.’ ‘Above average availability and responsiveness within the given timeline.’ ‘Yahia Nazroo is highlighted for quality of advice and knowledge of legal frameworks, and his responsiveness.’ ‘The approach at Appleby is very welcoming whether it be by telephone or in person visits. From the reception to the professionals you need to be in contact with, they are always ready to help and assist.’ ‘Yahia Nazroo is very passionate about what he does such that he will not only advise you on a subject that you need his service for but will look into the big picture and examine all the expected impacts. This approach helps in not just getting the current situation resolved but also the care and action that needs to be taken forward in order not to fall in such situations again.’ ‘Solution-oriented approach and legal advice. High availability and fast reaction times.’ ‘I want to highlight Yahia Nazroo for his attention to the client’s needs. On the substance but also on his reaction times.’ It is heart warming to know that clients feel they are always the top priority and that the firm will make no compromise on this approach to every single one of them; two of the most essential components of such approach are: the timing of our response and providing practical legal advice (as opposed to just reciting what the law says). I am genuinely grateful to our clients for their trust and for their feedback which will enable us to continue providing them with a top quality service and commitment. I take this opportunity to thank all my colleagues (legal and non-legal) who, in their own ways, help our firm to achieve such tremendous results for our clients. #legal500 #Appleby #lawfirm #EMEA2024 #toplawyerrankings #disputeresolution #commercialdisputes

IMAGES FROM A VIDEOSURVEILLANCE SYSTEM CAN BE USED TO MONITOR EMPLOYEES In an extremely interesting decision delivered in February 2024, La Cour de Cassation upheld the decision on an appellate court which deemed admissible in evidence the videosurveillance recording of a company installed without the consent or knowledge of the employee for the sole purpose of confirming suspicion of theft by that employee. The court approved the carrying out of a balancing exercise which can be summarised as follows: Le visionnage des enregistrements avait été limité dans le temps, dans un contexte de disparition de stocks, apres des premières recherches restées infrictueuses et avait ete realise par la seule dirigeante de l’entreprise The court further endorsed the judges approach in the following terms: “ont mis en balance de manière circonstanciée le droit de la salariée au respect de sa vie privée et le droit de son employeur au bon fonctionnement de l’entreprise, en tenant compte du but légitime poursuivi par l’entreprise, a savoir le droit de veuller à la protection de ses biens” And further stated that: “la production des données personelles issues du système de vidéosurveillance était indispensable à l’exercice du droit à la preuve de l’employeur et proportionnée au but poursuivi, de sorte que les pièces litigieuses étaient recevables” This decision will inevitably have an impact on our jurisdiction and Appleby will shortly release an analysis of the consequences of this judgment. Stay linked.. in! #appleby #videosurveillance #admissibility #evidence #legal #legalconsequences #labourlaw #employment #employees #employer

Here is an interesting real life ethical question for barristers! Scenario: You attend court in the morning on time; you sit and wait. The Magistrate unilaterally decides to call your case in her private chambers when it is an open court hearing that you are attending and there is no valid reason to do so. Question: What do you do? Further scenario: After two hours of waiting in court, the Magistrate does not turn up at all and sends message through the clerk to say that she will not attend the courtroom. You and your fellow colleagues have been waiting in the courtroom in your court attire (without air conditioning) all the time. Second question: What do you do then?

Let me share another wonder of our oceans; we found this baby squid on our boat after we completed a dive on the Silverstar wreck at 38m depth. It was an amazing little creature which we returned to the ocean after having been mesmerised by how tiny and beautiful it was! Nothing better to complete this weekend! #ocean #respect #sustainability #nature #life #environment #mauritius