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Financial Institutions Legal Snapshot

South African banking, finance and insurance law know-how

Banking

FinTech in the legal arena – introducing our new blog series

By Desiree Reddy (ZA) on July 24, 2019

Financial technology, often referred to as FinTech, is the marriage between financial and technology services. The FinTech offering seeks to provide innovative alternatives to traditional methods in the delivery of financial services. On Wednesday, 28 August 2019, Norton Rose Fulbright South Africa will host a seminar focusing on the impact ... Continue reading

Judicial oversight of execution against property requires full facts before court

Draft Conduct Standard for Banks published

SARB intends to regulate crypto assets

Drafting tips

Separating good from bad in a statute

By Patrick Bracher (ZA) on July 30, 2019

It has been reaffirmed that where part of a law is invalid for being beyond the powers of the lawmaker (ultra vires) the good in the law will not be separated from the bad if it is complicated and impractical to do so. If there is an incoherent remainder, the ... Continue reading

Importing a tacit term into a contract

Take implementation, good faith and disclosure clauses seriously

Principles of contract for the benefit of a third party (stipulatio alteri)

Insurance

Entire building cladding replaced despite only two sides damaged

By Patrick Bracher (ZA) on August 14, 2019

A hailstorm physically damaged the aluminium cladding on the south and west sides of the insured building. The insurer was ordered to replace the cladding on all sides of the building because a matching cladding could not be found. It was held that the obligation to pay for “direct physical ... Continue reading

Damages under insurance contract with reinstatement value conditions

Contribution between insurers (US)

A rare contribution case, and the pollution exclusion (US)

General

Setting aside arbitration finding for fraud discovered after award (UK)

By Patrick Bracher (ZA) on August 7, 2019

The English commercial court set out the limited basis on which an arbitration award can be set aside when it is alleged that evidence of fraud that would have affected the decision only came to light after the award. The merits of an arbitration award are rarely reviewed. Public policy ... Continue reading

The State’s liability for damages at a school under the Schools Act

POPI progress

Rationality of an administrative decision

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Norton Rose Fulbright’s financial institutions team provides straightforward legal updates. Our lawyers offer local insights with an international perspective recognised worldwide. This blog focuses on the South African market and is about sharing knowledge with you. Blog posts are not legal advice.

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