The policy under consideration in this judgment contained a Claims Conditions section and recordal that “Breach of these conditions will entitle us to refuse to deal with the relevant claim.”
It was not expressly recorded that compliance with the claims conditions was a condition precedent and the words “condition precedent” were not themselves used. The
Municipalities in South Africa are constitutionally mandated to ensure the delivery of essential services and to uphold basic rights enshrined in the Constitution. When they fail to fulfil these obligations—whether through mismanagement or sheer neglect—the consequences go beyond poor governance. They amount to a constitutional crisis that threatens the well-being, dignity, and rights of citizens.
In April 2025, the High Court dismissed a claimant’s attempt to appeal against the dismissal of her delictual claim against a retail store owner and a cleaning services provider for injuries she suffered as a result of her fall at the entrance of the store. The court decided that the appeal did not have reasonable
Another court, this time the English High Court, has again said that the contra proferentem rule will only be applied where there is more than one reading that can make sense of the words or where the wording of a clause is so ambiguous as to be incapable of meaning.
The court said:
“I accept
This blog is co-authored by Sakhile Ngobe, a candidate attorney.
On 30 May 2025, the Supreme Court of Appeal (SCA) set aside a final winding-up order granted by the high court where the CIPC and the court had not followed the correct steps in the liquidation process.
The company in question is a public company
The prescribed rate of interest is 10.75% per annum with effect from 1 July 2025. The previous rate was 11.00% 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
In June 2025, an Australian court held that the critical question was whether the life assured was unlikely ever again to be able to engage in his own occupation; by focusing on the activities he could do following his hip replacement compared to what he did when he worked for his pre-disability employer MMA.
The
In a typical scenario, the insurers issued surety bonds (guarantees) on construction projects. The supplier provided architectural products for construction companies. The court held that the ‘prima facie evidence’ clause in an indemnity agreement shifts to the counter guarantor the burden of proving fraud or bad faith or that the costs incurred were not recoverable.
In May 2025, the High Court found that a bundled credit life insurance product contravened the National Credit Act of 2005 by providing cover to policyholders who could not benefit from the cover offered. The credit life product included disability and retrenchment cover which the credit provider sold largely to pensioners, and to disabled persons
This Colorado appeal court judgment dealt with a dispute regarding alleged roof damage caused by hailstorm.
The policy covered direct physical loss caused by hail.
The claims adjuster who was initially assigned to investigate and report to the insurer concluded that the roof was damaged by hail and the insurer paid the claim based on