This blog was co-authored by Adriaan Lourens, Candidate Attorney.
In July 2025, the Supreme Court of Appeal dismissed an appeal concerning a payment made to a creditor pursuant to a sale of business agreement after the liquidation of the seller. The judgment reinforces the centrality of the concursus creditorum in South African insolvency law, (which
In the second judgment in Bath Racecourse, one of the questions the court had to consider was the meaning of the phrase “any one loss” in the composite policy under consideration providing cover against material damage and business interruption.
The court found that the phrase “any one loss” meant each new trigger event. A
In a December 2024 judgment, the High Court confirmed that the doctrine of estoppel precludes government entities from raising their own non-compliance with internal arrangements and formalities to avoid contractual obligations.
The matter arose from a protracted dispute between a private school and a municipality over a substantial municipal water account. After negotiations, the
This blog was co-authored by Adriaan Lourens, Candidate Attorney.
In July 2025, the high court again confirmed the well-established principle that demand guarantees are independent of the underlying contract. A guarantor must pay upon receipt of a valid demand, even if disputes exist between the parties to the underlying agreement. This obligation can only be
What is especially noticeable about cyberrisk policies is that they provide a full value end-to-end service. The cover involves interaction with the insured before the policy is entered into to determine the risk mitigating requirements which are built into the policy, and client support at claims stage when a cyberattack occurs.
Changing products from simple
Co-authored by Brigitte Eloff, a candidate attorney.
In June 2025, the Pretoria high court dismissed an application to introduce new evidence relating to a claim for alleged non-compliance with section 45 of the Companies Act, 2008.
The judgment underscores the importance of raising all relevant defences and evidence at first instance, clarifies the limited circumstances
In July 2025 the Gauteng high court set aside a rational November 2022 decision of the Financial Services Tribunal (FST) and declared that an administrative penalty under section 167 of the Financial Sector Regulation Act could be imposed on a foreign person because the administrative penalty had been served on the foreign persons by electronic means
The growing question for Directors and Officers insurers will be whether their policies cover a director or officer who makes false claims about their company’s artificial intelligence technology, known as AI washing.
A US Attorney’s Office in New York has charged a director with AI washing. According to the US Attorney concerned the director “misled
There are various cases where a municipality attempts to evade its obligations owed to a service provider in circumstances where the municipality itself has not followed proper internal procurement processes. In these circumstances, a service provider is often prejudiced and will resort to judicial intervention. In a recent high court case, the court intervened and
In this insurance fire claim judgment, the insurer became suspicious of the fire after discovering that the insured’s claim was its fourth fire loss claim against an insurer.
The insurer sought documents including financial records, tax statements and banking information and records of improvements made to the property.
Many months passed without receiving documents from