March 2025

A March 2025 judgment of the high court addressed the issue of interim payment for past medical expenses and whether the defendant’s admission of negligence constituted admission of liability. The court found that the defendant had not admitted liability for damages and dismissed the application for an interim payment.

The claimant had filed an application

In a March 2025 judgment of the high court, the court found that the mere presence of a dead animal on the road does not establish negligence of the owner of the animal, and the claimant failed to present sufficient evidence to support their claims.

The claimant’s vehicle collided with a dead cow lying on

This blog was authored by Jason Hudson, Trainee Associate.

Insurance policies can provide financial security, but only when applicants are truthful in their disclosures. In a March 2025 ruling the high court ruled against a beneficiary’s R6 million claim after the insurer proved material misrepresentation and non-disclosure by the life insured policyholder.

The court decided

This blog was co-authored by Edith Mugadza, Candidate Attorney.

In February 2025, the high court awarded the claimant 80% of his agreed and proven damages in an action brought against the Minister of Police in a situation where the claimant fell off a landing unprotected by a railing or warning sign.

The claimant sought damages

In the realm of corporate governance, the case of Technovaa Packaging Industries (Pty) Ltd v Main Street 1051 (Pty) Ltd 2025 JDR 0965 (KZP) serves as a reminder of the importance of proper authorisation in corporate agreements. This case underscores the complexities and potential pitfalls associated with unauthorised delegation and the concept of ostensible authority.

Did the insured motorist collide with a pig and if so, did he intend to hit the pig or was it a reckless act?

This was the central question the Australian court resolved in considering whether there had been a breach of the reasonable precautions condition of the policy. 

The reasonable precautions clause read:           

A Missouri court dismissed an insurance claim by a drug manufacturer which had promoted the sale of opioid products because the “your products” exclusion expressly included not only “products” but also “representations” the drugmaker made about its products.

The drugmaker had promoted opioid product use and sales in general and not only its own products

A defendant who signed surety for a bank raised a number of unsuccessful defences including prescription. The bank granted the principal debtor an overdraft facility which the client failed to reduce within the credit limit as required in December 2018. Summons was issued in July 2024. The court dismissed the prescription defence because it was

In March 2025 the High Court reaffirmed that a medical practitioner should not be held to have been negligent simply because something went wrong during a surgical procedure. To do so impermissibly reasons backwards from cause to effect.

In this case, the Plaintiff claimed damages from the defendant, a gynaecologist and obstetrician, following a laparoscopic