November 2022

In a decision involving a broker who introduced business to a medical scheme, the court drew an important distinction between a mandate to enter into contracts on behalf of the medical scheme as the principal and a mandate or authority to introduce business to the medical scheme. Where a principal appoints someone to perform juristic

In this English court judgment, the parties were in dispute whether the Indemnity Period begins with the commencement of the interruption or interference with the insured business or with the occurrence of the Covered Event.

The definition of Indemnity Period in the policy read:

“Indemnity Period means the period of time during which interruption

The Supreme Court of Appeal has reaffirmed that there is no general enrichment action recognised in South African law.  The fact that one person is enriched at the expense of another does not automatically give rise to a claim for damages for loss suffered to the benefit of another person.

Enrichment actions may be specifically

The 27th Conference of the Parties of the UNFCCC (COP 27) will be held in the Republic of Egypt during November 2022. Despite current geopolitical tensions, disruption of global supply chains, general inflation and an energy and food crisis it is hoped that for South Africa, COP27, which is being described as an ‘African COP’

The insured claimed that the cost it incurred in migrating its customer data to other servers when its cloud service provider went insolvent entitled it to claim damages under a property insurance policy.  A court rejected the claim on the grounds that the losses incurred were not damages resulting from “tangible, physical loss

The prescribed rate of interest changed with effect from 1 November 2022 to 9.75% per annum. The previous rate was 9.0%.

According to the Prescribed Rate of Interest Act, interest on debts where no rate is prescribed is calculated at the repo rate plus 3.5%. The prescribed rate of interest applies to all debts unless