This blog was co-authored by Phumla Zitha, Candidate Attorney.
Time is of the essence in cases of shoulder dystocia during childbirth. Shoulder dystocia is a medical condition that occurs when one or both baby’s shoulders become stuck behind the mother’s pelvic bone after the head has been delivered. Immediate medical intervention is required as a
This is a judgment which was given in peculiar circumstances. The insurer belatedly and out of time submitted its heads of argument and its counsel, due to an oversight, did not appear to argue the matter.
The parties in respect of a dispute under the insured’s Comprehensive Buildings Cover had pre-agreed a stated case.
The insured
In the recent case, the High Court of South Africa dealt with an application for the rescission of two court orders. These orders were related to a settlement agreement following defaults on loan repayments by the Applicants.
The applicants had entered into a settlement agreement with the respondents (Bank) after defaulting on their loan repayments.
The South African Revenue Service has promulgated an amendment to the Rules under sections 21, 60 and 120 of the Customs and Excise Act of 1964 which will come into effect from 30 November 2024. The amended Rules
A judgment of the UK Supreme Court in November 2024 includes the following summary of an important international law principle:
“It is an established principle of many national legal systems including England, that questions as regards rights to and interests in land and other immovable property are governed by the law of the country in
In November 2024, a US West Virginia appeal court found that a motorist who shot and killed another motorist in a road rage incident was not entitled to an indemnity under his motor policy because the shooting of the gun was “wholly unrelated to the inherent nature of the vehicle”.
A trucking company owner, driving
South Africa’s constitutional era ushered in a fundamental change in the legislative powers vested in the three spheres of government, namely national, provincial and local or municipal level. Under the Constitution, each sphere has the power to legislate its functional areas in accordance with the scheme imposed by the relevant provisions of the Constitution.
In
A recent Financial Services Tribunal decision, handed down on 28 October 2024 in the matter Seth Bouah v Sanlam Umbrella Provident Fund and Others with Case No: PFA29/2024, confirmed that the Pension Funds Adjudicator (OPFA) lacks jurisdiction to entertain unapproved disability benefit claims underwritten by the insurer.
The main issue which was under re-consideration was
On 9 October 2024, the Constitutional Court ruled in favour of the executor of a deceased estate and ordered a medical scheme to honour the contractual obligations it owed to the deceased.
One of the issues dealt with in the judgment is whether the decision of the Medical Schemes Appeal Board, in upholding the
This blog was co-authored by Jeneil Peterson, Candidate Attorney.
In October 2024 the High Court addressed a claim involving the birth injury of a child at a Gauteng provincial hospital. The court found that proper medical care during childbirth would have prevented cerebral palsy of the child and found in favour of the claimant, holding