Tristan Marot

Security for Costs from a Peregrini: A Reminder, Courtesy of Recent Case Law

By Tristan Marot on November 3, 2023 Posted in General

The case of BP Southern Africa (Pty) Ltd v Trade Rose Investments (Pvt) Ltd revolves around an application for security for costs, a procedural safeguard embedded within South African litigation framework. A party may demand security for costs to ensure that, in the event the party making demand is successful in the litigation, the costs … Continue reading

What is ‘good cause’ for courts to set aside an arbitration agreement?

By Tristan Marot on September 4, 2023 Posted in Insurance

The August 2023 High Court case of Horn & Another v Nel & Others discusses when, in terms of Section 3(2) of the Arbitration Act, a court can set aside a valid arbitration agreement. The applicants asked the court to set aside an arbitration agreement concluded in terms of a dispute resolution clause of a … Continue reading

A Cautionary Tale: Navigating the Intersection of AI and Legal Research

By Tristan Marot and Patrick Bracher (ZA) on July 12, 2023 Posted in General, Uncategorized

In the rapidly evolving world of legal practice, artificial intelligence (AI) has begun to play an instrumental role, offering promising opportunities to streamline research, facilitate case analysis, and improve efficiency. However, a recent magistrates court case, Parker v Forsyth N.O. & Others, serves as a pivotal reminder of the need to use these tools with … Continue reading

A non-life insurer can insure its first-party risks

By Patrick Bracher (ZA) and Tristan Marot on June 13, 2023 Posted in Insurance

A March 2023 decision of the Financial Services Tribunal found that there is no implied prohibition in the Insurance Act on ‘traditional’ insurers (not cell) underwriting risks for both its own first party risks and third party risks. Abacus Insurance Limited (“Abacus”), a traditional insurer, holds a non-life insurance licence, permitting it to underwrite third … Continue reading

Proving Factual Causation in Personal Injury Claims

By Tristan Marot on March 22, 2023 Posted in Insurance

In Nsibande v Passenger Rail Agency of South Africa, the plaintiff sought damages for personal injuries sustained from allegedly falling off a moving train. The defendant denied liability, stating that the train doors were checked and found to be in working order, and that the doors were closed at the time of the alleged incident. … Continue reading