A US case between an insured and an insurer involved the tale of the unluckiest yacht and the series of unfortunate events that she encountered.
In January 2013 a new expertly designed custom built yacht Fearless was insured for a year. Two days later she struck a submerged rock in the US Virgin Islands. In
In this case, class action proceedings were brought against the insured claiming damages for property loss arising from the release of, or failure to release, water from two dams. The liability of the insured arose out of its agreement to provide flood management services to the dam operator.
The insured had been held vicariously liable
This blog was co-authored by Kristin January, Trainee Associate
Islamic finance has shown to be systemically important in many jurisdictions and is growing in the wider regions of the Middle East, Asia and Africa. Recent discussions focusing around the favourable prospects of green Sukuk are another growth driver for Islamic Finance.
COP-27 highlighted the massive
An agreement of compromise is the settlement of disputed obligations by agreement.
A compromise exists where parties agree to settle previously disputed or uncertain obligations. Like any other agreement, a compromise is based on the contractual rules of offer and acceptance, with each party conceding something, either by diminishing their alleged claim or by conceding
The Federal Court of Australia found in March 2023 that a claim under a Directors & Officers Policy was excluded because the director had gained personal advantage from his wrongful act to which he was not legally entitled when he concealed information to avoid cancellation of a contract held with another company owned and controlled
In March 2023 the Australian Federal Court found that a claim had first been made against a director when an email was sent to his address but allegedly not read by him till much later. A “claim” made against the director under the claims occurring policy was the “written notice received by a director for
Competition Regulators across Africa are increasingly investigating and prosecuting companies involved in contraventions of competition legislation. Compliance with the various regulatory regimes can be challenging but can be managed.
Here are six things to know about recent Competition Law enforcement in Africa:
1. Tanzania: Even less than 10% shareholding acquisition could trigger merger notification
On
The General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act, 2022 effected changes to the Non-profit Organisations Act.
Previously, registration by a non-profit with the NPO Directorate within the Department of Social Development was voluntary.
With effect from 1 April 2023, non-profit organisations that make donations to individuals or organisations outside South Africa or
In Nsibande v Passenger Rail Agency of South Africa, the plaintiff sought damages for personal injuries sustained from allegedly falling off a moving train. The defendant denied liability, stating that the train doors were checked and found to be in working order, and that the doors were closed at the time of the alleged
Whether a doctor’s conduct is reasonable or negligent is tested by comparing it with what would be expected of a reasonable doctor in the circumstances. The test does not expect the doctor to have the highest level of skill and expertise but rather the general level of skill and diligence possessed and exercised at the