South Africa and global insurance, financial institutions, banking and general law know–how
The recent judgment of Aercap Ireland Limited v AIG Europe S.A. & Others relates to claims made under insurance policies by aircraft leasing companies in respect of aircraft and aircraft engines, which the leasing companies contended had been lost to them following the Russian invasion of Ukraine in February 2022.
The claim was for the…
A decision made by the High Court in Nairobi in June 2025 has set a significant precedent in medical negligence law in Kenya. The court found both a hospital and a consultant gynaecologist jointly and severally liable for severe injuries suffered by a patient following a hysterectomy and related procedures and awarded damages of R21 557 191.
On 29 May 2025, the Gauteng High Court highlighted the far-reaching implications of submitting a claim after the statutory period has expired, as well as the difficulties that arise when key facts remain unsubstantiated. The judgment serves as a warning to brokers, attorneys, and insured individuals alike: missing critical deadlines can extinguish a claim, even…
In this significant, thoughtful and considered judgment, on which the Constitutional Court will no doubt have the final say, the court found that criminal indictments which include the crime of apartheid as a reference to the crime under customary international law in terms of Section 232 of the Constitution, and not the crime of apartheid…
This blog is co-authored by Dashia Govinden, a candidate attorney.
The drowning of a toddler in a swimming pool situated at a heritage site located within the Drakenstein Correctional Centre precinct, prompted judicial scrutiny of the state’s legal obligations in managing public property. The May 2025 judgment, delivered by the High Court, examined whether the…
It is unusual for an insurer to force its insured to arbitrate an insurance dispute but in this recent judgment the insurer successfully obtained an order compelling the insured to arbitrate their loss dispute rather than to litigate in the High Court.
The insurers relied on a common policy term regarding arbitration when liability under…
The recent Irish High Court supplemental judgment to its judgment in Marlin Apartments Limited t/a Marlin Hotel Dublin v Allianz PLC [2024] IEHC, doesn’t affect the court’s September 2024 judgment on the meaning to be given to the words “at the Premises” in the relevant notifiable disease extension.
The court said the words “at…
Around the world there are class actions, both settled and ongoing, by players against their respective sports bodies for repetitive head injuries resulting in neurodegenerative disorders. Insurers and brokers need to take note.
Class action claims against the US National Football League for concussion injuries in respect of which risk the league ignored or concealed…
In this appeal the Supreme Court of Appeal found that a party to a contract could, to avoid liability, rely on the exclusion of damages clause and time-bar clause despite their repudiation of the agreement having resulted in cancellation.
It was undisputed that the contract precluded a claim for damages for loss of profit and…
In April 2025, the High Court ruled in favour of a bank in a monetary claim against two sureties. The court rejected the deceitful defences raised by the sureties regarding signature of the suretyship and made useful findings regarding video and other evidence of the signing.
The debtor breached the terms of its facility and…
