Donald Dinnie

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In October 2025 the High Court granted default judgment against a surety after neither the surety nor her attorney appeared for the scheduled trial, finding that the surety’s dilatory conduct and her attorney’s failure to manage the case offered no justification to delay finalisation. The court emphasised that attorneys are officers of the court and…

In September 2025, a full bench of the High Court dismissed the appeal of the Eastern Cape MEC for Health against a liability finding for hypoxic‑ischaemic brain injury sustained by a child during delivery. The child’s mother alleged that substandard obstetric care, marked by inadequate monitoring, after documented bradycardia, the failure to escalate care and…

The TN obo BN v Member of the Executive Council for Health, Eastern Cape judgment marked a major shift in South African medical negligence law by recognising two alternative remedies for awarding traditional lump‑sum damages where appropriate. The public healthcare remedy allows a health department to provide the injured person’s future medical services and supplies…

A short-term insurance broker applied to enforce confidentiality and restraint of trade undertakings against former employees. The court found that the broker’s interests are protectable and restrained the former employees from being employed by another broking company and using their former employer’s confidential information.

The employees applied for leave to appeal that decision. The broker…

In October 2025, the Labour court concluded that the broker that serviced high profile wealth clients had reasonable reasons for dismissal of a wealth manager and that the employee’s explanation for her misconduct was unacceptable. The court explained that the arbitrator should have considered what was reasonable and fair for an employer in the applicant’s…

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, 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…