The bump-up exclusion in a D&O policy excluded claims ‘alleging that the price paid … for the acquisition … of an entity is inadequate’. The insurers do not have to pay any amount due under a judgment or settlement representing the amount by which the price or consideration would be effectively increased. This is to
On 15 January 2021 the Supreme Court of Appeal handed down a judgment which pronounced on the jurisdiction of the Health Professions Council of South Africa (HPCSA) as a medical malpractice watchdog and the primary guardian of morals of the health profession. The judgment confirmed that the HPCSA’s jurisdiction is not limited to the conduct
It is not proper or capable for a party to institute subsequent but related proceedings to nullify an existing order of court.
The only remedies are a successful application to rescind the order or to set the order aside through a successful appeal.
The applicants in Whitehead v Trustees of the Insolvent Estate of Dennis
Global efforts have successfully developed both expedited means of testing for the COVID-19 virus and, more recently, vaccines.
Employers may thus wish to explore the introduction of workplace policies which formalise mandatory testing and vaccination protocols in order to restore their workplaces to some level of normality, particularly workplaces where remote working is not suitable.
An insured loss must be caused legally and factually by the insured peril.
Even where factual causation is established legal causation does not automatically follow.
In Concord Insurance Co Limited v Oelofsen N.O. (1992) the court said that in the contractual context policy considerations do not enter the enquiry (unlike in criminal law or delict,
Nasdaq has proposed board diversity requirements as a condition to continued listing of corporations. The proposal adopts a ‘comply or disclose’ approach to encourage greater diversity on company boards requiring them to have at least one director who self-identifies as female and have one director who self-identifies as black or African American, Hispanic or Latinx,
The interpretation process is objective, not subjective.
Where the meaning of any policy is clear, effect must be given to it.
The court cannot substitute what it regards as reasonable, sensible or business-like for the words actually used. The court should not in those circumstances rewrite the contract made by the parties.
Courts should not