South Africa and global insurance, financial institutions, banking and general law know–how
This blog is co-authored by Alistair Verhoogt, candidate attorney.
In September 2025, the High Court reinforced the Road Accident Fund’s statutory obligation to compensate victims of road accidents for all reasonable past hospital and medical expenses, even where those expenses have already been settled by a third party, such as a medical aid scheme. The…
This blog is co-authored by Yuveshen Naidoo, candidate attorney.
In September 2025, the High Court determined that the claimant’s laser therapy costs for facial scarring qualified as a recoverable past medical expense under section 17 of the Road Accident Fund Act. The court found that non‑invasive laser therapy for severe facial scarring following a motor…
This blog is co-authored by Justine Subramoney, candidate attorney.
In August 2025, the Pretoria High Court reaffirmed that proof of delivery of a notice under section 129 of the National Credit Act is satisfied by written confirmation of postal delivery to the consumer’s chosen address and not actual receipt and knowledge by the consumer. Once…
This blog is co-authored by Yuveshen Naidoo, candidate attorney.
In August 2025 the High Court confirmed that WhatsApp messages can be decisive evidence in commercial disputes, particularly where the parties’ intentions and admissions are in question. The court granted a provisional liquidation order against the respondent, finding that the applicant was a creditor, the debt…
This blog is co-authored by Lesedi Dube, candidate attorney.
The finality of full and final settlement agreements is highlighted in an August 2025 judgment in the High Court. The court found that a settlement agreement between the applicant and respondent could not be rescinded on the basis of alleged prior non-performance of contractual obligations discovered…
In September 2025, the High Court held that only a party to the proceedings can depose to a discovery affidavit, and since the insurer in subrogated proceedings is not a party, it could not do so.
The dispute arose after the insured respondent failed to deliver a proper discovery affidavit, instead submitting an affidavit deposed…
This blog is co-authored by Lesedi Dube, candidate attorney.
A recent decision by the Western Cape High Court addressed the question of whether a claim to compel the transfer of property under a deed of sale had prescribed due to the applicant buyer’s delay in enforcing his rights. The deed of sale was dated 25 July…
This blog is co-authored Yuveshen Naidoo, candidate attorney.
On 22 August 2025, the Mbombela High Court delivered a judgment which sent a clear reminder that a claimant who alleges diminished earning capacity after a motor vehicle accident must prove actual patrimonial loss. The court held that, on the facts presented, there was “no merit” to…
This blog is co-authored by Boitumelo Phillips, candidate attorney.
In August 2025, the High Court dismissed an application by the defendant for condonation of the late filing of a rescission application relating to a settlement agreement in a road accident claim but nevertheless went on to consider whether a settlement agreement survives the death of…
This blog is co-authored by Justine Subramoney, candidate attorney.
A July 205 High Court appeal has reinforced the principle that courts must consider all expert evidence as a whole when determining compensation in personal injury litigations (RAF) matters. This approach is crucial for both legal practitioners and claimants seeking fair outcomes in such litigation.
The…
