South Africa and global insurance, financial institutions, banking and general law know–how
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…
This blog is co-authored by Kamogelo Madiba, a candidate attorney.
A May 2025 judgment dealt with life insurance claims where beneficiaries are suspected of involvement in the insured’s demise. The court made no finding but gave some useful reminders of the rights of the insured and the insurer.
During July 2021, the insured was murdered…
This blog is co-authored by Kamogelo Madiba, a candidate attorney.
The approach of the Western Cape High Court in a January 2025 judgment in Morrison v MSA Devco diverges from established legal principles regarding the enforceability of disclaimer notices.
The claimant sustained injuries after slipping on a wet floor at a McDonald’s restaurant owned by…
The Gauteng Division of the High Court has introduced a directive aimed at addressing the overwhelming case load which has recently seen trial dates being allocated for as far away as 2031.
Effective from 22 April 2025, the directive mandates mediation for all civil actions.
The directive withdraws all trial dates for civil cases set…
Amidst South Africa’s flourishing security services industry, a high court judgment in November 2024 serves as a reminder about the potential liabilities that can arise from security lapses.
The claimant suffered substantial losses after a robbery at premises it sub-leased from a logistics company. The premises were guarded by the second defendant under a written…
A February 2025 high court judgment incorrectly found that a pension fund’s group insurance policy was not governed by s 37C of the Pension Funds Act (PFA).
The dispute arose following the death of a mine employee. The mine employees were members of the Pension Fund, which had arranged group life insurance cover for the employees…
This blog was co-authored by Thabo Kolele, Candidate Attorney.
Claimants in South Africa who wish to avoid protracted and costly disputes are increasingly resorting to making secret settlement offers of the amount that they will accept that are “without prejudice save as to costs”. Such so-called Calderbank offers were first recognised in the English case…
Subrogation is a common law doctrine that allows an insurer who has indemnified its insured to step into the shoes of the insured and recover the loss from the wrongdoer. It is a well-established principle of insurance law that has been applied by South African courts for over a century.
In that light, the Road Accident…
