It happens not infrequently that a South African insurer, in agreeing to insure a South African, or other African risk, provides that the policy and disputes arising under the policy are subject to the laws of England (or another jurisdiction).
That might have unlooked for and unappreciated consequences in respect of prescription of any claim.
In January 2025 a Connecticut district court rejected an insurance claim for a business interruption loss allegedly caused when a fire damaged the insured’s facility, equipment and hundreds of marijuana plants used to produce cannabis products. Business interruption policies require proof of a causal link between the actual loss of income and the necessary suspension
In December 2024 the Cape Town tax court found that an additional assessment made by SARS in relation to a contingency policy premium was out of time and had prescribed. In doing so, the court made some important findings regarding the nature of contingency insurance that properly recognise the nature of modern insurance.
The citrus
In a January 2025 judgment the high court dealt with a claim for compensation by the claimant, who was involved in a motor vehicle accident on 27 March 2017. The claimant sought damages from the Road Accident Fund (RAF) for injuries sustained in the collision. The central issue in this case was whether the accident
The test to determine whether a document that is brought into existence for different purposes, only one of which is to obtain legal advice for contemplated litigation, is protected by legal professional privilege has previously not been decided by the South African Supreme Court of Appeal. The law is now clear that legal privilege only
This blog was co-authored by William Hayne, Candidate Attorney.
In December 2024, the High Court dismissed a claim for damages by the claimant, who slipped and fell at the entrance of a toilet in a shopping complex. The claimant alleged that the defendant was responsible for the area where the incident occurred and failed to
In a January 2025 judgment the high court dealt with a claim for damages by a claimant who tripped and fell in a shopping mall. The claimant alleged that the defendants who owned the mall were responsible for the area where the incident occurred and failed to ensure it was safe for patrons. The central
In January 2025, the court addressed a claim for loss of support following the wrongful death of the first plaintiff’s husband, who died after being taken into police custody. The claimants, consisting of the deceased’s wife and two daughters, alleged that the police failed to provide the necessary medical care to the deceased, leading to
A contract of insurance against damage to property is a contract of indemnity, often described as a contract to hold someone harmless.
Those principles are highlighted in this recent court of appeal judgment.
The court said that a lay person may think that that involves “…a promise by the insurer to pay money representing
This blog was co-authored by Adam Butler, Candidate Attorney.
The failure to put up security for costs when required to do so can have significant consequences.
On 20 November 2024, the Johannesburg High Court delivered judgment in Redpath Mining (South Africa) (Pty) Ltd v Siyakhula Sonke Empowerment Corporation (Pty) Ltd and Others, ordering that Siyakhula’s