In May 2023 the US Supreme Court held that the Defendants Facebook, Twitter, and Google (which owns YouTube) could not be sued for “aiding and abetting” ISIS to commit a terrorist attack on the Reina nightclub in Istanbul killing a US national whose family claimed damages.
The following extracts from the headnote of the media
In May 2023 a Michigan US court held that an exclusion in a homeowners policy covering physical loss caused by water or waterborne material which backed through sewers or drains but excluded cover for “the inability of the sewer or drain to handle the amount of rainwater, surface water or groundwater trying to enter the
This blog was co-authored with Felix Le Roux, Candidate Attorney
On 10 March 2023 the Constitutional Court held that the Special Tribunal, established in terms of section 2(1)(b) of the Special Investigating Units and Special Tribunals Act, 1996 (the SIU Act) to adjudicate civil proceedings emanating from an investigation by the Special Investigating Unit (SIU)
In February 2023 the Labour Court delivered judgment in a review of an arbitration award of the CCMA. The employees concerned were charged and dismissed for gross insubordination when they refused to obey the instruction of their manager to work overtime. The CCMA found the dismissals to be substantively fair.
During evidence at the arbitration
A February 2023 Labour Appeal Court judgment interpreted a settlement agreement that agreed to the “full and final settlement of all matters between” the parties and “in full and final settlement of all and any claims which the parties may have against each other”. The employer and employee were parties to an employment agreement that
In the judgment of Aslam v President: Health Professions Council and Others (3 April 2023), the court decided to permanently set aside disciplinary proceedings and to prevent The Medical and Dental Professions Board of the Health Professions Council of South Africa (HPCSA) from taking any further disciplinary measures relating to a complaint of unprofessional
This blog was co-authored with: Jason Hudson, Candidate Attorney
Platinum Property Enterprise (Pty) Ltd v Mcshane and Another
The Western Cape High Court heard an application for an interdict and specific performance relating to the sale and transfer of immovable property. The purchaser and seller concluded a sale agreement where the purchaser would pay the
In May 2023 a New Jersey US Appellate Division refused to exclude insurers from coverage under an all-risks property insurance policy because the cyberattack which infected and damaged thousands of the claimant’s computers in its global network did not amount to “hostile/warlike action”.
Merke & Co, a multinational pharmaceutical company was the victim of the
The parties concluded a written sale of land agreement for unimproved erven purchased with the aim of subdividing and developing them into residential erven but an immediate subdivision was required because one erf extended into an adjacent development. The agreement was void because the parties had not agreed on the exact property sold because of
On 19 October 2022, the FSCA published the final Declaration of a Crypto Asset as a Financial Product (Declaration) under the Financial Advisory and Intermediary Services Act, 2003 (FAIS Act) – see detail here.
Together with a policy document setting out the thinking behind the Declaration, and an overview of