South Africa and global insurance, financial institutions, banking and general law know–how
This blog is co-authored Yuveshen Naidoo, candidate attorney.
A High Court judgment has confirmed that advocates with trust accounts cannot institute and prosecute Road Accident Fund claims on behalf of clients. This clarification is important for both legal practitioners and members of the public seeking to claim compensation from the RAF.
The claimant sought default…
This blog is co-authored by Yuveshen Naidoo, candidate attorney.
In August 2025, the High Court dismissed a road accident claim against the Road Accident Fund, finding the claimant entirely responsible for a collision on the N12 Highway. The judgment reinforces the principle that drivers must maintain a safe following distance.
The issue revolved around whether…
A July 2025 High Court judgment found the defendant liable for medical negligence after the claimant’s child was born with brain damage. The court held the defendant responsible because the hospital staff failed to perform a caesarean section in a timely manner and improperly administered oxytocin during labour, resulting in the child suffering hypoxic ischaemic…
In a July 2025 judgment, the Gauteng Division of the High Court, Pretoria, clarified that a physical disability does not automatically entitle a claimant to damages for loss of earning capacity. The court refused the plaintiff’s claim for such damages, emphasising that the mere existence of an injury is not sufficient to establish a financial…
A recent decision of the High Court has clarified the application of prescription in the context of claims for outstanding professional fees between legal practitioners. The defendant attorneys unsuccessfully raised a special plea of prescription, contending that the plaintiff advocate’s claims on its invoices, some of which dated back several years, had prescribed because summons…
A June 2025 decision from the Gauteng High Court, Johannesburg, has emphasized the severe repercussions that can follow when false and malicious allegations are made, particularly within the legal profession. In this matter. The court awarded R500,000 in damages to an attorney who was the victim of defamatory statements and malicious prosecution by a colleague…
In a recent April 2025 case, the court examined the liability of the defendants for injuries sustained by the plaintiff after falling into an open stormwater drain. The court concluded that the defendants’ conduct was wrongful and negligent, and that the defendant, the Johannesburg Municipality and Johannesburg Road Agency were liable for 50% of the…
In a March 2025 Judgment, the High Court addressed the issue of whether the Eastern Cape Department of Health could satisfy a final court order for the payment of damages in instalments instead of a lump sum. The court found that the defendant cannot satisfy a court order in periodic payments.
The plaintiff, BN, acting…
A March 2025 judgment of the high court addressed the issue of interim payment for past medical expenses and whether the defendant’s admission of negligence constituted admission of liability. The court found that the defendant had not admitted liability for damages and dismissed the application for an interim payment.
The claimant had filed an application…
In a March 2025 judgment of the high court, the court found that the mere presence of a dead animal on the road does not establish negligence of the owner of the animal, and the claimant failed to present sufficient evidence to support their claims.
The claimant’s vehicle collided with a dead cow lying on…
