At the end of May 2025, the High Court held that where notice is given by the credit provider to the consumer under section 129(1)(a) of the National Credit Act drawing attention to a default, the credit provider must negotiate with the consumer who wants to make arrangements to pay off the arrears. The credit provider
A decision made by the High Court in Nairobi in June 2025 has set a significant precedent in medical negligence law in Kenya. The court found both a hospital and a consultant gynaecologist jointly and severally liable for severe injuries suffered by a patient following a hysterectomy and related procedures and awarded damages of R21 557 191.
In early June 2025 the Federal Court of Australia held that the following term in a home and contents insurance policy was not ambiguous because it implied materiality, it did not cause a significant imbalance in the rights and obligations of the parties, and it was reasonably necessary to protect the insurer’s legitimate interests:
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The issue which the parties sought to have determined were whether the benefits of a life insurance policy received by the surviving community-of-property spouse as beneficiary were protected under section 63 of the Long-term Insurance Act, 1998 (LTIA). The provisional trustees of the insolvent joint estate alleged that the transaction, by which the benefits were immediately
In April 2025, a Connecticut, US, decision held that rainwater that flooded a roof which a roof drain could not handle, thus flooding the roof terrace and entering the third floor of a building under the closed terrace door was not “surface water” for the purposes of an exclusion in the policy.
An all-risk commercial
This blog was co-authored by Adriaan Lourens, a Candidate Attorney.
In a May 2025 High Court judgment, the court held that, in the absence of a contractual provision expressly requiring written termination, an oral termination of a suretyship agreement is legally valid. This judgment provides useful guidance on the distinction between the formation and cancellation
In May 2025, the High Court dismissed an urgent application by a clinical psychologist against the Health Professions Council of South Africa (HPCSA) to stay the hearing of a professional misconduct inquiry by its Professional Conduct Committee until the court decided on her application to review the Committee’s decision not to grant a discharge.
The
On 29 May 2025, the Gauteng High Court highlighted the far-reaching implications of submitting a claim after the statutory period has expired, as well as the difficulties that arise when key facts remain unsubstantiated. The judgment serves as a warning to brokers, attorneys, and insured individuals alike: missing critical deadlines can extinguish a claim, even
In an April 2025 judgment, the High Court concluded that the defendant’s liability as a surety was not discharged by the release of the principal debtor under a business rescue plan (BR Plan). The BR Plan and the deed of suretyship were both clearly drafted to preserve the creditor’s right to claim from the surety.
In this significant, thoughtful and considered judgment, on which the Constitutional Court will no doubt have the final say, the court found that criminal indictments which include the crime of apartheid as a reference to the crime under customary international law in terms of Section 232 of the Constitution, and not the crime of apartheid