Parties usually expect documents generated in a private arbitration to remain confidential. In South Africa, that expectation does not hold once the same dispute, or the same casualty, becomes the subject of related or parallel court proceedings. Where arbitration material is relevant to issues before a South African court, it is likely to be discoverable
In December 2025, the Supreme Court of Appeal held that an arbitrator has no power to declare a municipal construction agreement invalid for non-compliance with constitutional procurement requirements. Only a court may make such a finding under section 172 of the Constitution.
A property development company entered into a written agreement with a local municipality
The prescribed rate of interest is 10.25% per annum with effect from 1 January 2026. The previous rate was 10.5% 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
This blog is co-authored by Boitumelo Phillips, a candidate attorney.
In November 2025, the High Court dismissed a claim for damages against a landowner after a child was injured by a caterpillar machine operating on the property. The court found that mere ownership of land does not automatically impose a duty to prevent such incidents
When tendering a letter of undertaking (LOU) to an arresting party, a P&I Club cannot lawfully include terms that could cause the undertaking to expire according to the Australian Federal Court.
In the case of the “Yangze 22”, the court refused to release a vessel from arrest because the P&I Club’s LOU included
This blog is co-authored by Daniel Kariithi, a candidate attorney.
In February 2025, the Eastern Cape High Court reaffirmed that any party seeking to develop the common law must clearly state their case and provide supporting evidence.
The dispute before the court concerned the quantum for future care and medical expenses for the claimant’s son
In May 2025, the English High Court held that business interruption cover under an infectious diseases extension does not include Covid-19 where the policy defines “disease” as a closed list of specified illnesses not specifically including Covid-19.
The claimants owned and operated various commercial businesses comprising hotel accommodation, spa facilities and restaurants. The claimants (as
In South Africa it is possible to arrest any property (not only marine property) to obtain security for a claim that the arresting party is pursuing, or will pursue, in another forum or jurisdiction. To obtain such an arrest, the applicant must show that its need for security is genuine and reasonable.
In a June
This blog is co-authored by Yuveshen Naidoo, candidate attorney.
In November 2025, the High Court in Mahikeng held the local municipality liable for injuries suffered by a claimant who fell into an uncovered stormwater drain. This decision demonstrates how damages are assessed when liability is not in dispute.
The incident occurred when the claimant stepped
In November 2025, the High Court considered a claim arising from a birth injury. The defendant Member of the Executive Council for Health had been held liable for all agreed or proven damages. Although the matter was trial‑ready by January 2024, the damages hearing was set for 17 August 2027, creating a lengthy gap. The court granted