The once and for all rule provides that in claims for compensation or satisfaction arising out of a delict, breach of contract or other cause, the plaintiff must claim damages once for all damage allegedly sustained or expected insofar as it is based on a single cause of action.
The law requires a party with
The claimant’s claim was based on an allegation that a company unable to pay its debts with its liabilities exceeding its assets had sold 21 million shares at 27c per share and 7 300 000 million shares at 48c per share when the reasonable market value was allegedly 67c per share. The court refused to
The existence or absence of sound corporate governance has always been a factor when underwriting a D & O risk.
Sound governance includes sound ESG practices.
It is becoming standard for D & O underwriters to undertake an ESG analysis as part of the underwriting process so that underwriters can achieve as much comfort as
This blog was co-authored by: Caitlin Gardiner, Candidate Attorney
The South African court system has found itself in a new digitised era following the restrictive lock‑down measures introduced as a result of the Covid-19 pandemic. Directives were introduced to safeguard the public’s access to justice which included the widespread adoption of remote technologies such as
The claimant was insured under an all-risks insurance policy covering a vessel. The policy did not cover engine damage unless an accidental external event caused the damage. The vessel suffered catastrophic engine failure. The court held that the insured had to come forward with evidence that an external event caused the engine damage and the