In June 2025, the Supreme Court of Appeal has ruled that a child in a persistent unconscious state, who is unaware of pain or loss of amenities of life, is not entitled to an award of general damages. This decision provides important clarity on how South African courts should approach claims for non-pecuniary damages in
July 2025
Subrogation and builders’ risk insurance (Canada)

Builders’ risk policies in the construction industry seek to simplify insurance coverage, provide stability and reduce litigation in complex construction projects, providing broad cover to all those associated with the project.
In an Ontario Superior Court judgment, the Builders’ Risk Insurance Policy for the project expressly named RioCan and PCL as insured parties along with:…
Merchant Banking Exemption Extended for Banks and Certain Financial Institutions


The regulatory exemption that allows banks to provide financial services to financially sophisticated and high-wealth corporate clients—commonly referred to as the “Merchant Banking Exemption”—has been extended once again. FAIS Notice 57 of 2025 now extends this exemption until 27 February 2026.
In addition to the extension for banks, the Exemption Notice also extends specific exemptions…
When Does a Physical Injury Lead to Loss of Earning Capacity

In a July 2025 judgment, the Gauteng Division of the High Court, Pretoria, clarified that a physical disability does not automatically entitle a claimant to damages for loss of earning capacity. The court refused the plaintiff’s claim for such damages, emphasising that the mere existence of an injury is not sufficient to establish a financial…
Prescription of Professional legal Fees

A recent decision of the High Court has clarified the application of prescription in the context of claims for outstanding professional fees between legal practitioners. The defendant attorneys unsuccessfully raised a special plea of prescription, contending that the plaintiff advocate’s claims on its invoices, some of which dated back several years, had prescribed because summons…
Damages for false allegations against a legal professional

A June 2025 decision from the Gauteng High Court, Johannesburg, has emphasized the severe repercussions that can follow when false and malicious allegations are made, particularly within the legal profession. In this matter. The court awarded R500,000 in damages to an attorney who was the victim of defamatory statements and malicious prosecution by a colleague…
Cybercrime Update: SCA Confirms Debtors Bear the Risk of EFT Payment Fraud

In a June 2025 Supreme Court of Appeal decision, the court confirmed that when paying by EFT, a debtor is responsible for ensuring that payment is made into the correct bank account and will bear the risk of any misdirected EFT payments resulting from cybercrime.
The case involved a contract between two motor vehicle dealerships…
Residents seek judicial relief over inadequate municipal services

Judicial intervention in upholding the service delivery of basic services in communities across the country has become prevalent in recent years. Our Constitution allows residents to approach a competent court and enforce their rights under the Constitution in circumstances where those rights have been infringed. Residents are seen to be adopting a more hands-on approach…
Debarments set aside because FSP lacked jurisdiction

This blog is co-authored by Anathi Xaba, a candidate attorney.
On 18 June 2025, the Financial Services Tribunal granted three applications for reconsideration and set aside the debarments issued by the financial services provider because the conduct relating to the debarments only became known to the financial services provider after the applicants ceased to act…
Another judgment demands lawyers beware of AI pitfalls

At the end of June 2025, the High Court once again delivered a judgment reminding us that while technology can undoubtedly make our work quicker and more efficient, it cannot replace the critical duty lawyers have towards the courts and the integrity of their submissions.
The issue arose during an urgent application when it came…