A notarial deed of trust executed in 1953 granted the benefits to legal descendants including a “child or any children” of descendants. A lower court held that because adopted children were not specifically included they could not benefit from the inheritance (which was the law in 1953). The Constitutional Court held that the words in
On 18 May 2021, the fire and resultant probable loss of the brand new container ship, the mv X-Press Pearl, along with all her cargo off Sri Lanka is a timely reminder of the devastating effect of fires at sea on seafarers and ships. It is also a continuing reminder of the ever-increasing hazard caused
The Tribunal has determined that the employer in the recent decision in the matter of Oasis Group Holdings (Pty) Limited v Mansoor and Others, is liable for the costs of the fund member in opposing the application on the High Court scale.
The costs order comes in the wake of the Tribunal having repeatedly
In negotiations between parties who were negotiating charterparty terms for the chartering of two vessels, third parties involved in the negotiations received commission unknown to the party paying the price for the charter of the two vessels.
It was held that although the third parties were intermediaries they were not agents in the full legal
The Illinois District Court rejected a liability claim by a nightclub against the insurer arising from a personal injury suit resulting from a shooting because of an assault exception. The exception excluded any claim “arising out of, related to, or, in any way involving any actual or alleged assault, battery, harmful or offensive contact, or
After the oil rig blowout off the coast of Louisiana in 2010 which led to a litigation frenzy, practising attorneys paid runners millions of dollars to sign up tens of thousands of potential plaintiffs who were unaware of what their information was required for. The lawyers also filed unauthorised presentment forms on behalf of the
The dispute arose under a settlement agreement in obliging the defendants to deliver 100 000 cubic metres of “clean sand (top soil excluded)” which was “stockpiled”. It was not clean sand nor properly stockpiled and yielded only two thirds of the amount of clean sand, leading to a large damages claim. The Supreme Court
In April 2021 the New York State Department of Financial Services issued a Report on the SolarWinds Cyber Espionage Attack and Institutions’ Response warning that the next great financial crisis could come from a cyberattack because with each passing day our world gets more interconnected.
The report ends with the following passage:
“The SolarWinds Attack
Another American court in G & A Family Enterprises, LLC d/b/a Smokin’ Pig BBQ & Others v American Family Insurance Company 1: 20-CV-03912-JPB has held that State-imposed Covid-19 restrictions do not qualify as a “direct physical loss” under the insurance policy held by the insureds.
The court held that while the phrase “direct physical loss”
A Constitutionally invalid agreement is void from inception and does not confer any rights under the contract
The dispute concerned a lease for a hotel in Coffee Bay, Transkei for a period of 20 years that was held to be constitutionally invalid because the lease had been signed contrary to the laws relating to public