South Africa and global insurance, financial institutions, banking and general law know–how
In December 2024 the English high court held that a clause requiring the parties to use “reasonable endeavours” to agree a binding process for an expert determination to value and divide disputed businesses was an unenforceable agreement to agree.
The disputing parties entered into a settlement agreement to resolve litigation which was ongoing at the…
In March 2025, the UK Court of Appeal found that a provision in a warehousekeeper’s policy that it was a condition precedent to the insurer’s liability that during the currency of the policy the warehousekeeper “continuously trades under the conditions declared and approved by underwriters in writing” was a future warranty not a representation. The…
In March 2025 a Georgia USA court held that a professional indemnity insurer had no duty to defend nor indemnify an orthopaedic surgery centre and one of its surgeons against a medical malpractice claim for failed spinal surgery because the policy excluded incidents previously reported to another insurer, which had been the case.
The policy…
On 24 February 2025, a US court found that an insurance claim by a hospital of $2.5 million in legal costs incurred in responding to state probes into its Covid-19 vaccine distribution programme was limited to the amount of $1 million because of a policy sublimit for regulatory cover.
The court found that an insured…
A Florida US February 2025 judgment held that a road rage incident where the insured’s passenger was shot by a third party who considered the insured was driving negligently was not covered by a motor policy which covered damages “arising out of the ownership, maintenance or use” of a motor vehicle.
The gunshots were not…
This blog was authored by Jason Hudson, Trainee Associate.
A February high court judgment involved a dispute over a master rental agreement for leasing office equipment. The monthly rent in the agreement was crossed out and changed to increase the rent, but the change was only initialed by one party to the agreement and not…
This blog was authored by Jason Hudson, Trainee Associate.
In Van Wyk v Duze the court focused on whether the claimant’s sciatic nerve injury during a total hip replacement (THR) was caused by the defendant doctor’s negligence. The claimant alleged that the incorrect and careless placement of a surgical retractor caused the injury.
The court…
In February 2025 the high court did not have any difficulty in drawing the controversial line between a testator’s freedom to decide on how their assets are to be distributed after death and the constitutional values which infuse all South African law or conduct. The court declared a provision in a will leaving money to…
The prescribed rate of interest is 11.00% per annum with effect from 1 March 2025. The previous rate was 11.25% per annum.
According to the Prescribed Rate of Interest Act, interest on debts where no rate is prescribed is calculated at the repo rate plus 3.5%. The prescribed rate of interest applies to all debts…
On 14 February 2025 a high court on appeal found that the defendant sureties had not established any basis for their release from their liabilities because of alleged prejudicial conduct by the principal creditor, a lending bank. The turnaround specialist who was appointed to assist the principal debtor was not the agent of the principal…
