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.
Daniel Breier
Cybercrime Update: SCA Confirms Debtors Bear the Risk of EFT Payment Fraud
By Daniel Breier on
In a June 2025 Supreme Court of Appeal decision, the court confirmed that when paying by EFT, a debtor is responsible for ensuring that payment is made into the correct bank account and will bear the risk of any misdirected EFT payments resulting from cybercrime.
The case involved a contract between two motor vehicle dealerships…
Burden of Proof in Road Maintenance and Design Liability Cases
By Daniel Breier & Atish Dullabh on
In April 2025, the High Court found that local authorities can be held liable for failing to prevent hazardous road conditions, specifically water pooling on a municipal freeway.
The claimant suffered catastrophic injuries after losing control of his vehicle on a flooded municipal freeway late at night. The claimant suffered from amnesia and was unable…
The Sequel: Aggregation, Covid-19 and Catastrophe, again (UK)
By Daniel Breier & Donald Dinnie on
- Primarily, that the judge wrongly concluded that “the outbreak of Covid-19 in the United Kingdom, reflected in an exponential increase in the number of infections during
Covid-19 business interruption: SCA maintains broad interpretation of insured peril despite contrary UK Supreme Court authority
By Donald Dinnie & Daniel Breier on
In this Covid-19 business interruption judgment [SCA judgment in AIG v 43 Air School and others], the Supreme Court of Appeal maintained its broad interpretation of the insured peril of an infectious disease extension, despite the contrary interpretation adopted by the UK Supreme Court.
The court ruled that the policy provided cover…
The distinction between joint and composite policies
By Donald Dinnie & Daniel Breier on
In this Covid-19 business interruption judgment [SCA judgment in AIG v 43 Air School and others], the Supreme Court of Appeal clarified the distinction between joint and composite policies of insurance in relation to the multiple insureds of one insurer under one policy.
The policy included an extension which provided cover for interruption to…
SCA rules that conveyancer not liable for failing to warn purchaser of cyber fraud risk
By Daniel Breier on
In a highly anticipated judgment [90.pdf (saflii.org)], the Supreme Court of Appeal found that a firm of attorneys was not liable for failing to warn a purchaser of the property of the risk of cyber fraud.
The dispute arose out of a conveyancing transaction in which the purchaser’s email account had been hacked…
The importance of the timing of a termination notice
By Daniel Breier & Inga Dyantyi on
It is common practice between retailers and wholesalers of petroleum products to continue their lease agreements on a month-to-month basis when the original agreement terminates through the lapse of the contract period. Monthly leases can be terminated on the agreed or implied notice period. However, the correct calculation of the notice period is essential to…
Projects co-insurance: when being named on the policy is not enough
By Daniel Breier on
A May 2023 judgment of the English High Court has confirmed the position that under English law the scope of cover available to a party identified as a co-insured may be more limited than the cover available to the principal insured, even where it is expressly named on the policy. The co-insured is at risk…
Project co-insureds beware- cover may be limited
By Daniel Breier on
An April 2023 judgment of the English Court of Appeal has confirmed that under English law the scope of cover available to a party identified as a co-insured may be more limited than the cover available to the principal insured. The co-insured is at risk of facing a subrogated claim from the insurer where it…