Co-authored by candidate attorney, Katelyn-mae Carter
On 26 March 2024, the Supreme Court for England and Wales reviewed the legal principles applicable in assessing damages in mixed injury claims in terms of English law.
The two claims arose in the County Court in Birkenhead where the two claimants were involved in road traffic accidents which
This blog was co-authored by candidate attorney, Thabo Kolele
In a March 2024 judgment (https://www.saflii.org/za/cases/ZAFSHC/2024/66.html), the High Court decided that the defendant had breached its legal duty owed to the claimant in failing to dispatch an ambulance to the claimant timeously and in failing to provide proper healthcare services whilst the claimant was
The High Court has found that a towing company’s lien could be substituted by adequate security provided by an insurer.
The dispute between the parties related to the release of a motor vehicle which was insured by the insurer, the applicant. The motor vehicle was involved in an accident and subsequently towed by the towing
On 24 May 2024, the Cape Town High Court dismissed an application to review the award of two tenders for the provision of security services at state properties in the Western Cape. In doing so, the court affirmed that bidders must submit the supporting documents prescribed by the tender specifications and that a failure to
In May 2024 the Federal Court of Australia held that an insurer’s primary obligation to meet the costs of reinstatement of damaged insured property necessarily extends to the cost of remediating any further damage to the property which is relevantly connected to that primary obligation. This principle applies regardless of whether the insurer’s obligation is
In this case, the claimant was shot while sitting in a car at a Wendy’s Drive Thru. He sued Wendy’s for damages, alleging that a criminal attack was reasonably foreseeable to Wendy’s and that its failure to adequately secure the property was negligent.
The claimant was shot by two unidentified assailants. Video surveillance showed
In this Supreme Court of Appeal judgment 21.pdf (saflii.org) in a claim for medical negligence damages, the court again cautioned against commencing with an unfavourable outcome and working backwards in search of a cause.
South African and other courts have cautioned that a doctor should not be held negligent simply because something went wrong. That
This UK Supreme Court judgment https://www.supremecourt.uk/cases/docs/uksc-2022-0100-judgment.pdf has implications on the recoverability of economic loss resulting from physical damage to property. On appeal, the Supreme Court overturned the decision of three lower courts through which the claim had meandered.
The claim arose from a road traffic collision in which the hired car was damaged through the
Can an insurer set-off the amount it paid an insured from the commission due to a broker?
The High Court in Pietermaritzburg has said no.
A broker had failed to five soyabean fields from a policy brokered on behalf of a farmer. The fields were damaged in a hailstorm. Upon discovering the error committed by
This judgment dealt with the proper interpretation of the policy’s “murder, suicide or disease” extension.
Clause 8.2.6 was headed “Murder, suicide or disease” and provided as follows:
“We shall indemnify you in respect of interruption of or interference with the business caused by damage, as defined in clause 8.1, arising from:
a)