- expressly and clearly state that investing in crypto assets may result in the loss of capital. The overall message
South Africa: new rules for advertising crypto asset
Prescribed rate of interest is 10.5% from 1 January 2023
The prescribed rate of interest changed with effect from 1 January 2023 to 10.5% per annum. The previous rate was 9.75% per annum.
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
Liability for dangerous premises causing a slip & fall
This blog was co-authored by: Maano Manavhela, Candidate Attorney
In this case, the claimant sustained severe bodily injuries when he stepped onto a powdery substance with his left foot and slipped and fell down the stairs leading to the ground floor of the defendant’s factory. The incident happened at his workplace but he was not
The Big Read Book Volume 10 – Presenting your evidence in the small claims court
The initiative to establish the Small Claims Court began in the early 1980’s. The result of the Hoexter Commission of Enquiry was the passing of the Small Claims Court Act in 1984.
The Small Claims Courts are designed to settle small civil claims (currently the monetary claim limit is R20 000.00) in an informal and
Important amendments to the Trust Property Control Act
- A list of grounds for the disqualification of trustees aligns to some extent with the grounds for the disqualification of directors set
Insurance indemnity denied because insured withheld material financial information (US)
The insured sought loss of hire coverage from various US and London insurers claiming in part that its factory processing vessel was unable to process fish in Alaska because of engine damage. The court held that the insured had breached an express duty to cooperate by withholding from the adjuster’s historical financial information, thus discharging
UK court refuses South Africa’s claim to 2 364 bars of silver lost in the Indian Ocean in 1942
In October 2022 the English Court of Appeal held that the Republic of South Africa is not entitled to state immunity in the context of a claim relating to 2 364 bars of silver recovered from the seabed of the Indian Ocean, having been lost in the 1942 sinking of the SS Tilawa sailing from Bombay to
Disclaimer notices and gross negligence
In this judgment, the court held that the two disclaimer notices displayed at the defendant’s premises did not exclude its liability for gross negligence.
The plaintiff was a visitor to the defendant’s holiday resort and sustained injury when she fell into a hole when seeking shelter at a time when there was a sudden
Ruling on conveyancer’s liability for cyber fraud losses
On 16 January 2023, the Gauteng High Court ruled that a conveyancing attorney had a legal duty towards a property purchaser to implement adequate precautions and provide adequate warnings to protect the purchaser against her own email accounts being compromised by cyber fraud and was liable in delict for the purchaser’s loss for failing to
Time bars in insurance policies and pleadings
In this December 2022 judgment, the court found that the insurer was entitled to rely on the time bar clause contained in the policy because the insured had not alleged in the pleadings that there were good reasons why the insured could not comply and failed to prove such allegation. The time bar clause