In a dispute between the parties as to whether the applicant was a partner in a partnership with the respondent, the court gave the applicant access to the annual financial statements of the close corporation that had arisen out of the transactions of the alleged partnership.
The court found that an applicant under section 50
The court refused to order the return of goods by a spoliation order because the respondent was not in possession of the goods.
The claimant gave his motor vehicle to a dealer for a routine maintenance service. When he went to collect the vehicle he discovered that the keys to the vehicle had been handed
The problem facing departments of health around the country is how to improve service delivery to the public and the quality of medical care provided to patients and so significantly reduce the number and quantum of medico-legal claims. Instead of funding healthcare programmes and facilities, a large portion of the annual budgets is allocated to
The Supreme Court of Appeal in an April 2021 judgment dealt with the interpretation and application of a fraud clause found in the policy..
The clause read:
“If you, or anyone acting on your behalf submits a claim, or any information or documentation relating to a claim, that is in any way fraudulent, dishonest or
The United Kingdom High Court in the judgment of 13 April 2021 granted the excess reinsurer’s UK interim anti-suit injunction in respect of the insurer/defendants’ claims in South Africa under the excess reinsurance agreements. Those claims in the English courts to the exclusion of the South African courts will represent the bulk of the defendants’
The increase in documentation fraud which has adversely impacted financial institutions operating within the trade finance space is an unwanted development that blockchain technology can mitigate.
The types of lending most frequently seen in the trade financing space, including letters of credit, revolving credit facilities as well as guarantees have proven susceptible to fraud. An
A Kentucky US district court rejected the business interruption insurance claim of a retail business specialising in sale of outdoor sportswear and equipment for losses suffered as a result of government restrictions following the outbreak of Covid-19. The all-risks policy covered physical loss and damage but excluded damage caused directly or indirectly regardless of any
In South African insurance law a warranty is usually a condition precedent to inception or continuation of cover or payment of a claim. The consequence of breach or non-fulfilment is that there is no obligation on the insurer to indemnify the insured.
Warranties may be absolute or relative.
An obligation requiring that a certain state
In April 2021, the Constitutional Court handed down a seminal judgment relating to the public health defence which will influence medical malpractice claims against the state across the country.
In Member of the Executive Council for Health, Gauteng Provincial Government v PN [2021] ZACC 6, the court considered whether an order finding the MEC liable
The High Court has handed down judgement in proceedings involving Primedia (Pty) Ltd, the Passenger Rail Agency of South Africa and others in March 2021. The court has held that a tender had to be set aside because: