In June 2025, the Supreme Court of Appeal has ruled that a child in a persistent unconscious state, who is unaware of pain or loss of amenities of life, is not entitled to an award of general damages. This decision provides important clarity on how South African courts should approach claims for non-pecuniary damages in
Paul Cartwright
All aircraft operating commercially regardless of weight must fly into licenced aerodromes
By Paul Cartwright & Michael Homveld on
Part139.01.1(2) of the South African Civil Aviation Regulations (CARs) has been amended and spells a major shift for commercial aviation in South Africa. This amendment could have significant ramifications for light aircraft operators, specifically those engaged in game and bush lodge transfers.
The amended regulation stipulates that no aircraft (fixed or rotor wing) engaged in…
Legal battle over radiation oncology services in Gauteng: A case study
By Paul Cartwright & Nomonde Sithole on
In a landmark case, the Cancer Alliance succeeded in a legal action against the Gauteng Department of Health and other related entities for failing to address the urgent need for radiation oncology services for cancer patients in Gauteng. This case highlights the critical issues surrounding healthcare service delivery, the allocation and utilisation of funds, and…
An “accident” includes successive events without interruption, under the Montreal Convention
By Patrick Bracher (ZA) & Paul Cartwright on
In a claim for damages for personal injury arising from an event on the defendant airline, the Court of Justice for the European Union found that, for the purposes of Article 17 of the Montreal Convention, an accident can be an unforeseen, harmful, and involuntary series of intrinsically linked events taking place successively, without interruption, in…