In September 2025, the Supreme Court of Appeal found that extinctive prescription only begins to run on a contractual claim once a suspensive condition is fulfilled and not from the date of signature of the agreement.
The respondent trust purchased a property from the appellant subject to a suspensive condition requiring the consent of the
This blog is co-authored by Mehjubeen Karjieker, candidate attorney.
In May 2025 the Constitutional Court held that, in truly exceptional circumstances, it will rescind its own earlier orders to cure a grave injustice. The employee in the case persuaded the Constitutional Court that the Labour Court had erred in failing to decide a key issue
This blog is co-authored by Yuveshen Naidoo, candidate attorney.
In September 2025, a Georgia Court of Appeals clarified their requirements for waiver of insurance policy conditions. The case turned on whether the insurer had waived its right to enforce an ownership clause in a commercial vehicle insurance policy, following a tragic accident involving a truck
The liquidators of a company failed in a claim for a sum of money and interest thereon against the executor of the deceased’s estate arising from an alleged loan by the company to the deceased (who was a former director of the company) because there was no proof that the deceased agreed to be bound
The bank brought a claim against the respondent based on a guarantee signed by him wherein he irrevocably and unconditionally guaranteed to pay any amount owing by the close corporation (the debtor) as if he was the principal debtor.
The respondent disputed the sum claimed by the bank in the certificate of balance alleging that
In August 2025, the High Court awarded R2 million in general damages to a child who was left permanently blind in both eyes due to the negligent administration of oxygen after his premature birth at a public hospital.
The child was born breech and suffered respiratory distress syndrome. As a result, the child sustained brain
This blog is co-authored by Justine Subramoney, candidate attorney.
In August 2025, the Pretoria High Court reaffirmed that proof of delivery of a notice under section 129 of the National Credit Act is satisfied by written confirmation of postal delivery to the consumer’s chosen address and not actual receipt and knowledge by the consumer. Once
This blog is co-authored by Jose de Faria (Candidate Attorney) and Saajidah Simjee (Candidate Attorney).
Employers undertaking restructuring or outsourcing should take careful note of an August 2025 judgment by the Labour Appeal Court (LAC) wherein it was found that, due to the automatic nature of section 197 transfers between employers, employees need not
In September 2025 the Supreme Court of Appeal delivered a welcome judgment describing clearly the differences between types of cessions in security of a debt (in securitatem debiti) and an out-and-out cession permanently divesting the cedent of all rights in an insurance policy.
The deceased, in relation to a property transaction, agreed to
Mere notice of a contractual dispute does not itself necessarily constitute a policy claim.
The insured contractor, which subsequently went into liquidation without achieving practical completion of the works, and whose employer sought to claim directly from its indemnity insurers, contracted to attend to alterations and additions to an existing building.
The contractor was insured