This blog was authored by Rory Scott, Candidate Attorney.
In recent years, financial markets globally have been implementing the reform of reference interest rates to Risk-free Reference Rates (RFRs). South Africa, following suit, is progressing towards replacing the Johannesburg Interbank Average Rate (JIBAR) with the preferred successor rate of the Market Practitioners Group’s (MPG), most
In this October 2023 appeal the Australia supreme court dealt with complex facts and interpretation regarding the application of a contracts work exclusion in the insurer’s home insurance policy.
The insured’s substantial residential home was destroyed by a fire while undergoing renovation works and had to be demolished. The fire started in a green rubbish
In this recent Australian judgment the appeal court said:
“The contra proferentem principle is a rule of last resort. The rule acknowledges that, in cases of ambiguity, a liberal approach may be adopted in the construction of an insurance contract. However, it is preferable that the court should struggle with the words used as applied
A High Court in England refused an application by the mother of a nine-month old child to prevent the local authority from acting under the UK Children Act from administering routine childhood vaccinations including for diphtheria, tetanus, whooping cough, polio and hepatitis B. The opposition of the mother was based on religious grounds.
The facts are
In this judgment, the claimants claimed in delict for loss of support arising from the death by suicide of the claimants’ husband and father.
The deceased had been involved in a motorcycle accident in which he collided with another vehicle driven by a driver insured in terms of the Road Accident Fund Act. As
The courts get called upon to decide some extraordinary things (often in custom duties matters). The Supreme Court of Appeal on 09 October 2023, for the purposes of the import tariffs under the Customs and Excise Act of 1964, came to the surprising conclusion that a bicycle frame and fork bear the essential character of
This blog was co-authored by Naledi Etsane, Candidate Attorney.
In Titan Asset Management v Lanzerac, six plaintiffs instituted an action against Lanzerac Estates Investments (Pty) Ltd (first defendant) and Markus Jooste (the second defendant) in relation to a number of inter-related contracts entered into in respect of the sale of their interests in various
This blog was co-authored by Felix Le Roux, Candidate Attorney
On 3 October 2023, the Constitutional Court dismissed an appeal by a joint venture oil company in respect of a review application it had brought against SARS. The Court ruled that a further request for reasons by an applicant, after the administrator has provided the
This blog was co-authored by Candidate Attorneys, Hansica Naidu and Jeneil Peterson.
The purpose of an admission of fact is to narrow the issues which will need to be determined by a Court. In order to do so, this must be done correctly and in accordance with section 15 of the Civil Proceedings Evidence Act
In three similar cases in North Dakota US the court upheld a provision in the insurers property owners policy that excused the insurer from paying “on a replacement cost basis for any loss or damage until the lost or damaged property is actually repaired or replaced” and the repairs and replacements are made “as soon