This blog is co-authored by Hannah Howell, candidate attorney.
In October 2024 the high court dismissed the defence of reckless lending contemplated in Section 81(2) of the National Credit Act, 2005 (the NCA) because the creditor under the indemnity was not a credit provider under the Act.
The applicant and the bank concluded a home
This blog is co-authored by Danita Mungaroo, candidate attorney.
The High Court recently dealt with a complex medical negligence case involving allegations of substandard care at Themba Hospital. The matter concerned a child born with severe mixed-type cerebral palsy due to hypoxic-ischemic encephalopathy (HIE), a brain injury caused by oxygen deprivation during birth. The claimant
In a November 2024 high court judgment, the court considered a defamation case involving an allegedly defamatory statements published on the respondents’ website concerning a health drink product, Jigsimur.
The applicants needed to establish a clear link between the defamatory statements and themselves. The court found that the Applicants failed to provide sufficient evidence to
In a November 2024 case, the appellants were arrested and convicted in the Mahikeng High Court in 2004, receiving life sentences. They pursued appeals against their convictions and sentences but were unable to obtain a complete record of the trial proceedings until October 2012. Upon receiving the record, they lodged their appeals, which were initially
These comments by Mr Justice Leggatt in the UK high court, on caution to be adopted where evidence is given based on recollection of events which occurred several years ago, alert to the unreliability of human memory, are worthwhile bearing in mind in preparation for any trial or arbitration:
“19. The process of civil litigation
In a recent case heard by the Northwest High Court, Mafikeng, a judgment was delivered concerning the assault of a minor by a teacher. The plaintiff, the mother of the minor child, successfully sought damages amounting to R7,000,000.00 for future medical expenses, loss of amenities of life, and pain and suffering from the MEC for
This blog was co-authored by Justine Subramoney, Candidate Attorney.
In November 2024, the High Court held that the implementation of the Covid-19 regulations extinguished the contractual obligations between the parties to a wedding venue contract because of supervening impossibility arising from the pandemic. The venue was ordered to refund the claimant R63 008 plus interest, the
This blog was co-authored by Yuveshen Naidoo, Candidate Attorney.
On 26 September 2024, the Financial Services Tribunal dismissed an application for reconsideration of a bank’s decision to debar its former risk advisor. The applicant was found guilty of misconduct and summarily dismissed for sharing confidential client information with a competitor and debarred. The question before
Banks and other financial institutions (lenders) involved in the financing of international trade deals face challenges additional to those who are financing domestic trade operations. This is principally because
The prescribed rate of interest is 11.25% per annum with effect from 1 January 2025. The previous rate was 11.50% 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 debts