Avian Influenza (Bird Flu) is a highly contagious viral disease affecting domestic poultry and wild birds. It is a significant concern to poultry farmers in South Africa. South Africa’s recent Bird Flu outbreak highlighted the need for appropriate insurance for these events. The South African Poultry Association (SAPA) has confirmed that South Africa’s 2023 Bird … Continue reading
The courts have to be more vigilant when granting applications for interim interdicts. The building belonging to 39 Van Der Merwe Street, Hillbrow CC (the Applicant) and the City of Johannesburg have been in an electricity dispute since 2012. The City disconnected the Applicant’s electricity supply and was met with successful interdicts from the Applicant … Continue reading
A party to litigation can assert legal privilege when documents or any other evidence is obtained or brought into existence for purposes of such party’s submission to a legal advisor for legal advice and litigation is pending or contemplated as likely at the time. The facts in this case unpacked the principles of legal privilege. … Continue reading
Protectors over labour issues in the social development department caused injury to non-striking employee who was working as the Chief Director: Policy and Research. The employee instituted proceedings against the employers for the shock, humiliation which resulted in psychiatric injury and physically injuries she suffered at the hands of the protestors. The injuries occurred while … Continue reading
A US appeals court reversed a judgment of the lower court which had declined to read-in cyber coverage in a commercial general liability policy. The insured operated retail properties and took out a commercial general liability policy (“the CGL Policy”) with the insurer. During the periods of May 2014 and December 2015 the insured’s credit … Continue reading
The Western Cape High Court erroneously held in Oliver NO v MEC for Health Western Cape and City of Cape Town that the deceased plaintiff’s non-pecuniary claim for general damages did not transfer to her estate as the matter had not reached litis contestatio (close of pleadings) because the summons had been amended to increase … Continue reading
The applicant failed to persuade the Western Cape High Court to extend the right to privately cultivate cannabis established in the Minister of Justice and Constitutional Development and Others v Prince [2018] ZACC 30 to grow clubs. In the Prince case, the court held that the prohibition of cannabis use is unconstitutional in as far … Continue reading
This is an Australian case which concerns legal duties that a broker owes to its client (the insured) and the burden of proof that lies with the insured in showing whether brokers breached their legal duty. The broker provided the client with insurance brokerage services for over 30 years. The broker had obtained all-inclusive building … Continue reading
Claimants who sue the State often have to apply for condonation for late notice, because the State must be notified of an intention to sue within 6 months of an incident occurring, and many claimants are unaware of this special time restriction. In Ndlovu v Member of the Executive Council for Police, Roads and Transport: … Continue reading