It is unusual for an insurer to force its insured to arbitrate an insurance dispute but in this recent judgment the insurer successfully obtained an order compelling the insured to arbitrate their loss dispute rather than to litigate in the High Court.
The insurers relied on a common policy term regarding arbitration when liability under
The Supreme Court of Appeal clarified the scope and independence of on-demand guarantees, underscoring key principles that directly affect guarantors.
The guarantor issued three on-demand performance guarantees in favour of a developer for a large-scale housing project. The underlying construction contracts were cancelled and the guarantor received demands for payment under the performance guarantees. The
This blog is co-authored by Danita Mungaroo, a candidate attorney.
In April 2025, the Supreme Court of Appeal decided that a contracting party who repudiated the contract can rely on the terms of an agreement after cancellation of the agreement.
The respondent, an international provider of information technology services concluded agreements with the appellants in
In April 2025, the High Court found that local authorities can be held liable for failing to prevent hazardous road conditions, specifically water pooling on a municipal freeway.
The claimant suffered catastrophic injuries after losing control of his vehicle on a flooded municipal freeway late at night. The claimant suffered from amnesia and was unable
In March 2025 a Canadian appeal court held that the insured, who had a licence to cultivate marijuana at his premises, was entitled to insurance cover for his home that was destroyed by an accidental fire that started in the kitchen despite an exclusion in the policy relating to marijuana cultivation on the property. An
This blog is co-authored by Eric Geldenhuys, a candidate attorney.
In March 2025, the Minister of Transport amended the Civil Aviation Regulations (CARs) in terms of section 155 of the Civil Aviation Act, 2009. The thirty first amendment to the Civil Aviation Regulations (Amended CARs) was gazetted on 28 March 2025. Part 139 of the
This blog is co-authored by Francisco Andrade-Nobrega and Zubenathi Ndlwana, candidate attorneys.
Introduction
In January 2025, the High Court delivered a judgment ordering personal liability of the directors of an employer that failed to pay over employees’ pension contributions to the relevant pension funds.
The applicants sought payment of outstanding pension fund contributions from the
In a landmark case, the Cancer Alliance succeeded in a legal action against the Gauteng Department of Health and other related entities for failing to address the urgent need for radiation oncology services for cancer patients in Gauteng. This case highlights the critical issues surrounding healthcare service delivery, the allocation and utilisation of funds, and
This blog is co-authored by Kamogelo Madiba, a candidate attorney.
The approach of the Western Cape High Court in a January 2025 judgment in Morrison v MSA Devco diverges from established legal principles regarding the enforceability of disclaimer notices.
The claimant sustained injuries after slipping on a wet floor at a McDonald’s restaurant owned by
The recent Irish High Court supplemental judgment to its judgment in Marlin Apartments Limited t/a Marlin Hotel Dublin v Allianz PLC [2024] IEHC, doesn’t affect the court’s September 2024 judgment on the meaning to be given to the words “at the Premises” in the relevant notifiable disease extension.
The court said the words “at