A September 2025 decision from the federal court in New Mexico confirmed that the effect of a standard policy exclusion that excluded loss caused by vandalism if the building had been vacant for more than 60 consecutive days turned on the presence of sufficient personal property to conduct the insured’s customary operations, rather than on
A November 2025 High Court judgment on an insurance fire claim offers practical guidance on the burden resting on insurers who raise misrepresentation and reasonable precautions defences, and how time bar clauses operate when pleadings evolve.
On misrepresentation, the insurer contended that, during a pre-inception survey, the claimant’s representative stated it had valid electrical
With effect from 27 October 2025, the Mediation Directives and Protocol for the Gauteng Division of the High Court were amended. The most important change is the introduction of alternative routes to obtaining a hearing date.
Disputes which cannot be resolved by mediation
Where a dispute is incapable of being resolved by mediation because of
Rectification is a narrow, exceptional remedy. It requires clear proof that the written agreement does not reflect the parties’ common intention at the time of contracting. It is not a way to improve a bad bargain after the fact. On the facts of this SCA decision, the insurance policy matched the signed placing slip and
In November 2025, the High Court reaffirmed the principle that property owners cannot evade liability for unsafe working conditions on their premises by outsourcing hazardous work to independent contractors.
The claimant, an employee of an asbestos removal company, instituted an action for damages against both his employer and the owner of a warehouse after falling
In November 2025, a New South Wales Court of Appeals found that, because the insured “buildings” associated with a petrol station included storage tanks and other “structural improvements” pertaining to the buildings, the underground pipes which connected the petrol storage tanks to the bowsers were part of the insured buildings. Damage to the pipes was
This blog is co-authored by Yuveshen Naidoo, candidate attorney.
In November 2025, the Gauteng Division of the High Court confirmed that parties in civil litigation must participate in mediation before their trial can proceed. The court made it clear that mediation is not optional, and personal objections or a breakdown in relations between parties are
In November 2025 the UK Court of Appeal confirmed that a “pay-first” clause in a marine liability policy is valid when it accordingly prevents direct recovery by a third party from the insurer when the insured is unable to discharge its underlying liability.
Because the insured was insolvent, the court refused a direct claim by
In a case involving shipping insurance, the English Court of Appeal made some interesting remarks regarding the role played by the sole nominee director of a special purpose company. If the director exercises no independent judgment, makes no decisions, and is contractually obliged to act on the instructions of the decision-maker operating the underlying business