In the June 2021 judgement of Chantell Martin v Road Accident Fund, the court decided that gratuitous or benevolent payments, received by an injured claimant from her husband, should not be taken into account in the calculation of that person’s damages for loss of earnings.
The accident occurred in 2015, and the RAF had
In the April 2020 case of MTV v MEC Health, the Pretoria High Court has once again placed the issue of expert evidence firmly in the judicial spotlight. Focus was squarely placed on the requirement for expert witnesses to provide the court with as objective and unbiased opinion as possible, based on their expertise.
This Supreme Court of Appeal judgment confirms that the common law derivative action is available to members of close corporations.
The common law derivative action was abolished in section 165(1) of the Companies Act and replaced with a statutory derivative action for companies.
Sections 49 and 50 of the Close Corporation Act do not exclude
The FSCA has published a list of the members of the Financial Services Tribunal. The Tribunal is headed by Chairperson Justice Y Mokgoro and led in the field of action by Deputy Chairperson Judge LTC Harms.
There are 21 other capable members most of whom are experienced advocates.
The Financial Services Tribunal has proved to
This judgement contains: a very useful review of the development of class actions in South African law; a consideration of whether to certify the particular class action on an opt-out or opt-in basis and decides that the interests of justice warranted certification of the class action on an opt-out basis.
An opt-out class action automatically
A Texas court, whose judgment was confirmed on appeal, found that an excluded loss “consequent upon” handing over gold coins to another against a fraudulent cheque invokes a more direct type of causation than “due to” or “arising out of”. A loss sustained “consequent upon” an event connotes ‘but-for’ causation and the consequence must be
Where parties voluntarily agree a dispute resolution procedure and its rules by way of contract, they will have great difficulty in successfully alleging that those rules are unconstitutional.
Our Constitutional Court has already held that as a matter of principle private arbitration is not unconstitutional and in that regard the “courts should be respectful of
In this recent judgment the insurer rejected the life policy claim of the executor of the deceased estate relying on an exclusion in the policy that liability would not arise where death resulted from a condition that pre-existed the existence of the policy if that death occurred before the expiration of twelve months from the
This blog was co-authored by Anika de Kock, Associate and Lara Thom, Candidate Attorney.
In the case of Discovery Insure Limited v Masindi, the court had to consider whether a claim “tainted with fraud” lodged by a policyholder had the effect of rendering the whole claim voidable, even the parts not tainted by fraud
This Supreme Court of Appeal judgment in The Ombud for Financial Services Providers and C S Brokers CC and Others [2021] ZASCA 117 is a reminder that section 20 of FAIS created the office of the Ombud as a mechanism for the speedy resolution of disputes which would otherwise be dealt with in court.
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