The number of “money mule” scams i.e. where criminals approach bank customers with requests to have funds (often the proceeds of crime) paid into their accounts and often offer them a reward for the use of the account, is unfortunately on the rise. In a press release dated 10 July 2023, the FSCA has warned
In a decision involving an elaborate set of facts, the Supreme Court of Appeal reminded us of certain legal principles relating to parate executie and the performance of contracts which the law says have no force.
When an asset (in this case loan account claims) is ceded in securitatem debiti (as security), the principle of
A July 2023 judgment by the Federal Court of Australia held that by reason of the definition of “Contract Works” in the Contractors Liability Policy, the contract works exclusion was not limited to those parts of the works owned by or in the possession of the insured because the natural and ordinary reading of the
This blog was co-authored by Atish Dullabh, Candidate Attorney.
The Western Cape High Court judgment of Big Catch Fishing Tackle Proprietary Limited v Kemp dealt with the fiduciary duties of a director after their resignation. Big Catch Fishing Tackle Proprietary Limited (Big Catch) traded as a supplier of fishing equipment. Kemp had been a director
An exemption clause which has the effect of excluding a party’s liability for theft by its employees is not contrary to public policy and is enforceable. This was the ruling of the Constitutional Court in Fujitsu Services Core (Pty) Limited v Schenker South Africa (Pty) Limited [2023] ZACC 20. This issue divided the Court, with five
There is a substantial body of English case law explaining the import of a contrast between different aggregation clauses.
AXA Reinsurance (UK) PLC v Field (1996) 1 WLR 1026 at 1035 contrasted the words “arising from one originating cause” with the words “arising out of one event” used to define the unifying factor used in
In a US decision as to which of two insurers was the primary insurer with a duty to defend the policyholder, the ‘other insurance’ clauses in each policy were different. The ‘other insurance’ provision in the Secura policy provide that “if other valid and collectable insurance is available to the insured for a loss” coverages
In this judgment the insured restaurant argued that the requirement in the murder, suicide or disease extension that the interruption or interference with the insured business be caused by damage did not require physical damage.
It was common cause that there had been no physical loss or damage to the insured premises or property used
Every year in the US an assessment is made as to the fastest civil trial court in 94 US court districts.
The results are interesting. The fastest Rocket Docket was in the district of Montana with 18.3 months from start to finish. Texas and Arkansas followed soon after with 18.8 months. At the other end
An increasing number of non-life risks are seen as being too large to be absorbed by the private insurance and reinsurance market or needing premiums or limits or both that reduce the cover available. Since the Covid-19 claims were shoe-horned in by the courts of the UK and South Africa to provide extensive interruption cover