In October 2025, the Supreme Court of Appeal decided to grant an application for condonation for late notice under the Institution of Legal Proceedings against Certain Organs of State Act of 2002. In doing so, it addressed how the Constitutional rights of children and access to courts inform the assessment of the late statutory notice.
In October 2025, the New South Wales Court of Appeal addressed the significant question in insurance law whether the insured who terminates a policy following the wrongful repudiation by the insurer remains to get the bound insurer’s consent to settle their liability to a third party. The case arose from an accident on a construction
In October 2025, a Washington Appeals Court found that an insurance claim arising from the failure of a wall constructed by the insured was not “sudden and accidental” because the insured had knowledge in the months before the wall failed of the fact that the retaining walls were not built correctly and had a substantial
In October 2025, the High Court held (yet again) that a contractor cannot go behind a compliant demand under an on-demand guarantee in the absence of proof of fraud by the beneficiary.
The applicant was appointed by the Western Cape Government (the second respondent) to provide road rehabilitation services for two stretches of roads. The
This blog is co-authored by Yuveshen Naidoo, candidate attorney.
In August 2025, the Florida appellate decision held that the insurer was entitled to deny a hurricane claim reported three years after the event, because the insured breached the policy’s notification obligation. The policy required “prompt notice” of any loss. South African courts would likely reach
In September 2025, the High Court held a provincial health department liable after hospital staff operated on the wrong knee of a child and provided substandard care. The department was ordered to pay 100% of the patient’s proven damages. The judgment highlights the importance of simple safeguards, including accurate diagnosis, informed consent, surgical-site verification, and
This is another COVID-19 United States of America judgment where the court held that the plain and unambiguous language of the policy required the business property covered under the business interruption section of the policy to have sustained physical loss or damage.
The court said that the only loss the insured suffered was pure economic
In this English High Court judgment, the court dealt with the question whether Wetherspoon was vicariously liable for an assault on a customer carried out by what it referred quaintly to as two “door supervisors” employed by Wetherspoon’s contractor, Risk Solutions (RS).
The terms of the security service agreement between Wetherspoon and RS provided that
New Zealand’s Contracts of Insurance Act 2024 (much of which is similar to COFI intentions) consolidates existing insurance laws across various legislation and case law.
The Act applies to all insurance contracts, although some provisions relate only to consumer insurance and others only to business insurance. It does not apply to reinsurance. Contracting out of
In February 2025, the High Court held that surveillance evidence of a claimant, taken in public, was admissible and lawfully processed under the Protection of Personal Information Act (POPIA) where it was necessary to defend a substantial civil claim. The court emphasised that privacy rights must be balanced against the public interest in discovering the