In our previous articles in this series we argued that banks can create new markets for themselves in trade finance by providing digitised letters of credit or trade finance instruments for the movement of both digital and physical goods using blockchain. We also highlighted the fact that Barclays, together with the Israeli start-up Wave, may
October 2016
UK Court rules that settlement with a concurrent wrongdoer does not release other wrongdoers unless it satisfies the whole claim
A UK High Court has decided that settlement of a claim for injuries sustained by a sub-contractor on a construction project would only extinguish a further claim against a hospital for alleged negligent treatment received following the work accident if the settlement satisfied the whole claim.
The defendant hospital brought an application to declare the…
POPI Regulator to commence duties on 1 December 2016
The functions of the Information Regulator include:
- to provide education about the Protection of Personal Information Act, for example, giving advice to data subjects in the exercise of their rights;
- to monitor and enforce compliance with POPI;
- to consult with interested parties;
- to handle complaints;
- to conduct research and to report to Parliament;
- to issue
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Public holidays are not bank holidays
The definition of ‘business day’ in South African agreements often includes phrases like ‘any day on which banks are open for business in South Africa’. These words are confusing and it is sufficient to refer to a day other than a Saturday, Sunday or official public holiday.
The words have crept in from English law…
Mudslide is not an explosion (US)
An insured unsuccessfully contended that the destruction of a building during a mudslide was an explosion under the policy terms.
Torrential rain in Boulder, Colorado in September 2013 triggered a mudslide that cascaded down a hill and destroyed the property, leading to a loss of $1.3 million. The policy excluded losses due to water-based causes,…
Judicial deference gives way to irrationality
Courts will not lightly overturn decisions of administrators. This is judicial deference. But deference gives way to irrationality.
An irrational decision will be set aside, even if the court finds that it does not have the expertise to make the decision itself. In that case, the decision is remitted back to the decision-maker to decide…
Annual returns – not to be overlooked!
Annual returns – this may sound more like a tax requirement but is in fact a Companies Act 2008 requirement that every company must adhere to.
The annual return is the submission of the amount of a company’s turnover for the previous year. Each year, companies are required to file this information with the Companies…
The LNG-to-Power IPP Procurement Programme Information Memorandum
An information memorandum on the liquefied natural gas (LNG) to power independent power producers procurement programme was published by South Africa’s Department of Energy (DoE) on 5 October 2016. The purpose of this memorandum is to describe the scope of the LNG-to-power IPP Programme for prospective and interested bidders and to highlight the opportunities the…
Directors and officers policy does not cover executive-induced decline of company (US)
A California company specialising in plumbing fixtures unsuccessfully sought cover under a directors and officers policy for a claim brought by three former directors based on the decline of the business because of the chief executive’s erratic behaviour.
The court held that the so-called ‘insured-v-insured’ exclusion unambiguously bars coverage for a claim such as that…