South Africa and global insurance, financial institutions, banking and general law know–how
In October 2025, the High Court held (yet again) that a contractor cannot go behind a compliant demand under an on-demand guarantee in the absence of proof of fraud by the beneficiary.
The applicant was appointed by the Western Cape Government (the second respondent) to provide road rehabilitation services for two stretches of roads. The…
Federal courts in New Jersey and in Mississippi have recently withdrawn published rulings after lawyers discovered glaring factual and legal errors that appear to trace back to unvetted generative‑AI research. The two episodes unfolded within hours of each other at the end of July 2025 and have prompted parties to demand explanations and safeguards.
In…
The High Court decision in Le Bonheur Wine Estate (Pty) Ltd v Stellenbosch Vineyards (Pty) Ltd has raised eyebrows for its misreading of both the common-law principles of subrogation and the express wording of the policy at issue as well as its support for parallel actions for a single claim.
After fully indemnifying its insured…
At the end of June 2025, the High Court once again delivered a judgment reminding us that while technology can undoubtedly make our work quicker and more efficient, it cannot replace the critical duty lawyers have towards the courts and the integrity of their submissions.
The issue arose during an urgent application when it came…
A May 2025 high court decision provides a crisp reminder of what an exception is meant to achieve and assists in clarifying the approach an insurer may take when a claimant cites the underwriting manager as defendant. Norman Luxury Tours sued Stalker Hutchinson Admiral, described in the summons as acting “on behalf of” Santam, after…
Another cautionary tale on the perils of uncritical reliance on generative artificial intelligence (AI) arrived in the English High Court in April 2025. The court found a barrister and a firm of solicitors responsible for including fictitious case citations in formal submissions before the court. The court’s response was uncompromising: counsel and her instructing solicitors…
This week, the UK’s Solicitors Regulation Authority (SRA) announced it has granted authorisation to Garfield.Law Ltd as the first Alternative Business Structure permitted to deliver regulated legal services directly via artificial intelligence (AI).
Unlike traditional firms (a good portion of whom already harnessing AI for various tasks including the provision of legal services to clients…
The Constitutional Court’s unanimous April 2025 judgment in Prithilal v Akani Egoli (Pty) Ltd and Another restates the narrow circumstances in which a court may depart from the ordinary party‑and‑party scale and award costs on the punitive attorney‑and‑client scale. Ms Prithilal, although successful in joining Akani to her delictual action, had been ordered by the…
A February 2025 high-court full bench-appeal judgement examined the legal principles underpinning the defence of voluntary assumption of risk. The case arose from an incident during a student protest at a university campus, where a security guard discharged his firearm, using non‐lethal ammunition in the form of rubber bullets and ceramic paint balls, and injured…
In a January 2025 judgment the High Court offers a stark reminder of the ethical obligations that underpin legal practice when placing information before a court. What began as a routine application for leave to appeal escalated into a significant cautionary tale, culminating in a referral of the legal practitioners to the Legal Practice Council…
