Carol Holness (ZA)

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Does the “once and for all” rule apply to more than one cause of action?

By Carol Holness (ZA) and Anika de Kock on January 17, 2024 Posted in Insurance

In November 2023 the Constitutional Court refused to apply the common law “once and for all” rule to matters in which there are two or more causes of action arising out of the same facts. The “once and for all” rule provides that where a party claims for damages arising from a single cause of … Continue reading

The meaning of “to pay” orders and the public health defence

By Carol Holness (ZA) and Deniro Pillay (ZA) on April 7, 2021 Posted in General

In April 2021, the Constitutional Court handed down a seminal judgment relating to the public health defence which will influence medical malpractice claims against the state across the country. In Member of the Executive Council for Health, Gauteng Provincial Government v PN [2021] ZACC 6, the court considered whether an order finding the MEC liable … Continue reading

No case for sub-threshold hypoxic ischemic injury in cerebral palsy claims

By Carol Holness (ZA) and Deniro Pillay (ZA) on January 22, 2020 Posted in General

In December 2019, the Durban High Court rejected expert evidence attempting to introduce a third type of hypoxic ischemic injury as the basis for a damages claim by a child born with cerebral palsy. A hypoxic ischemic event is caused by a lack of oxygen or a lack of blood flow in the brain which … Continue reading

Maritime claim jurisdiction over freight forwarders demand guarantee

By Carol Holness (ZA) on April 14, 2016 Posted in Insurance

A claim for payment under a demand guarantee that guarantees payment of clearing and forwarding fees is a maritime claim in terms of the Admiralty Jurisdiction Regulation Act. This is so because it is a claim for payment “arising out of or relating to the remuneration of a forwarding agent”. Therefore the Gauteng High Court … Continue reading