One of the issues in this judgment in dispute was whether the indemnity included loss and damage occurring after the end of the period of insurance or if the loss or damage began within the period of insurance and developed thereafter. The insurers argued that coverage was restricted to actual damage occurring during the period
2023
Construction All Risks Insurance Policy: Period of Insurance (UK)
One of the issues in this judgment in dispute was whether the indemnity included loss and damage occurring after the end of the period of insurance or if the loss or damage began within the period of insurance and developed thereafter. The insurers argued that coverage was restricted to actual damage occurring during the period…
Copyright Amendment Bill 2022– a good or a bad idea?
The aim of the Copyright Amendment Bill 2022 is to aid the economic interests of authors of works whilst simultaneously adapting to technological advancements. The Bill has proposed various changes to the Copyright Act. Numerous iterations of the Bill have been promulgated over many years, and there are conflicting views as to whether the Bill in…
Copyright Amendment Bill 2022– a good or a bad idea?
The aim of the Copyright Amendment Bill 2022 is to aid the economic interests of authors of works whilst simultaneously adapting to technological advancements. The Bill has proposed various changes to the Copyright Act. Numerous iterations of the Bill have been promulgated over many years, and there are conflicting views as to whether the Bill in…
United Kingdom HM Treasury adds South Africa to its list of “High-Risk Third Countries”
This blog was co-authored by Michael McCarthy, Candidate Attorney.
In November 2023 the Financial Action Task Force issued a Follow-up Report and Technical Compliance Re-Rating outlining the progress South Africa has made to address identified anti-money laundering and counter-terrorist financing deficiencies. The report highlights that while progress has been made to address most technical compliance…
United Kingdom HM Treasury adds South Africa to its list of “High-Risk Third Countries”
This blog was co-authored by Michael McCarthy, Candidate Attorney.
In November 2023 the Financial Action Task Force issued a Follow-up Report and Technical Compliance Re-Rating outlining the progress South Africa has made to address identified anti-money laundering and counter-terrorist financing deficiencies. The report highlights that while progress has been made to address most technical compliance…
‘Vehicle as “Tool of Trade and “Worksite” insurance exclusion (Aus)
The circumstances of this public and product liability insurance claim will be familiar to insurers.
An excavator was being transported from a mine site owned and operated by a third party to the insured Kerembla’s depot. The excavator had been loaded by employees of Kerembla onto a back of a trailer attached to a prime…
‘Vehicle as “Tool of Trade and “Worksite” insurance exclusion (Aus)
The circumstances of this public and product liability insurance claim will be familiar to insurers.
An excavator was being transported from a mine site owned and operated by a third party to the insured Kerembla’s depot. The excavator had been loaded by employees of Kerembla onto a back of a trailer attached to a prime…
US court says no distinction between managerial and non-managerial duties of directors
On 31 August 2023 the Supreme Court of Maryland held (overruling a previous decision) that there is no distinction between the ‘managerial’ and ‘non-managerial’ duties of directors of a Maryland corporation and said that the “sole source of the duties of the director is found in section 2-401.1 of the Maryland General Corporation Law (MGCL) which places…
Prescription of a contractual claim not delayed by a suspensive condition
The full bench of an appeal court in the Pretoria High Court held that the claimant’s claim had prescribed three years after the contract was entered into despite there being a suspensive condition which has not fulfilled till four months after the agreement was entered into. Contracts with suspensive conditions should therefore specifically deal with…