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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

Think twice before rejecting a Calderbank offer

By Natasha Naidoo on August 23, 2019

In May 2019 the Bloemfontein High Court confirmed that a secret offer which is made by any party to a damages claim (including the plaintiff) to save costs will affect the costs order. Such an offer is known as a Calderbank offer with origins in English law and similar principles ... Continue reading

Entire building cladding replaced despite only two sides damaged

Damages under insurance contract with reinstatement value conditions

Contribution between insurers (US)

General

Expert evidence

By Donald Dinnie on September 18, 2019

Parties to any dispute who rely exclusively on opinions of experts without establishing the factual basis for those opinions do so at their peril. The opinion of an expert must be based on facts that are established by the evidence. The court then assesses the opinions of experts on the basis ... Continue reading

Contracting with a trust

Presenting your evidence in the small claims court

Hospital’s negligence not causally linked to baby’s brain damage

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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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