The question that arose in the Constitutional Court was whether a commercial trading licence to sell wine in a grocery store constitutes property under section 25 of the Constitution. According to section 25, no-one may be deprived of property except in terms of a law of general application, and no law may permit arbitrary deprivation
A policy defined ‘accidental contamination’ as an error in the production, processing or preparation of any insured products provided that their use or consumption ‘has led to or would lead to bodily injury, sickness, disease or death’.
The authorities in California closed down a poultry farming operation after noting a high prevalence of salmonella and
Cybercrime happens at the speed of broadband with criminals able to easily move the tools of their activities from one location to another. Successfully combatting cybercrime therefore requires real time detection and investigation, often by different agencies in different countries.
Cybercrime has exploded internationally in the past several years in tandem with the surge of
A court in North Carolina USA found that the insurers of a gym did not have to cover two underlying lawsuits resulting from a former employee allegedly videotaping female patrons undressing in a tanning bed. The claim was excluded by the sexual and/or physical abuse exclusion.
The court held that the sexual and physical abuse
Each device which accesses the internet is allocated a unique number (Internet Protocol or IP address) by its internet service provider (ISP). A record is created each time this IP address accesses a webpage, including the date, time and URL (website address) accessed. These records are stored by the ISP.
ISPs are prohibited from providing
A commercial agreement should not lightly be determined unenforceable simply because the parties set out the terms in an unclear manner.
The Supreme Court of Appeal, in Novartis v Maphil, dealt with whether a pharmaceutical drug manufacturer and a medical device supplier had concluded a contract. The court had to consider written documents, oral
The Irish Independent has reported that the Irish Competition Commission has called out the head of Insurance Ireland (which represents 95% of the domestic market) for saying that car insurance rates were set to rise by 25% in 2016 and that there was “further upward pressure on premiums”.
The Commission said that statements of this
An applicant who applies to court for relief must demonstrate a legal basis for claiming the order sought. In Muldersdrift Sustainable Development Forum v The Council of Mogale City an unincorporated voluntary association that styled itself Muldersdrift Sustainable Development Forum was held to have no legal interest and no legal standing to seek a declaratory
Insider trading is famously prohibited but prosecution is uncommon. The judgment in Zietsman and Another v Financial Services Board and Another has shown that this form of market abuse can be easy to detect and prove and the financial sanctions imposed are a strong deterrent besides the risk of criminal prosecution.
This case was an
Restructuring of companies in financial distress is on the increase globally. In line with this trend, Mozambican Insolvency Law (Decree law No 1/2013) provides greater protection to debtor companies in financial distress and gives them an opportunity to reorganise and restructure while continuing to operate their businesses.
The law covers three procedures namely judicial reorganisation