In a December 2024 judgment, the High Court discusses the requirements for a successful application to dismiss a claim due to want of prosecution.
Quoting from the 2014 SCA judgement in Cassimjee v Minister of Finance there are three primary requirements that must be met:
“First, there should be a delay in the prosecution of
These comments by Mr Justice Leggatt in the UK high court, on caution to be adopted where evidence is given based on recollection of events which occurred several years ago, alert to the unreliability of human memory, are worthwhile bearing in mind in preparation for any trial or arbitration:
“19. The process of civil litigation
Banks and other financial institutions (lenders) involved in the financing of international trade deals face challenges additional to those who are financing domestic trade operations. This is principally because
The prescribed rate of interest is 11.25% per annum with effect from 1 January 2025. The previous rate was 11.50% 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 29 November 2024 the Supreme Court of Appeal found that, where the National Consumer Commission was represented in the high court by a former attorney who had no right of appearance because his name had been struck from the roll of legal practitioners, it fundamentally prejudiced the administration of justice and the proceedings were a
On 4 December 2024 the Financial Services Tribunal found that a journal entry processing a transaction on the last day of the month and reversed the very next day in order to reflect a loan as terminated in a regulatory return under the Mutual Banks Act of 1993 resulted in a misleading return which the Prudential
Introduction and background
Insurable interest continues to evolve under English and South African law and should be front of mind for parties involved in the logistics sector who want to manage their risk. The general approach taken by the courts in both countries is to ask whether the
This blog was co-authored by Danita Mungaroo, Candidate Attorney.
This case highlights the complex intersection of medical negligence claims and evidentiary challenges, focusing on the alleged failure of healthcare providers at clinics and hospitals to adequately monitor and manage labour. The absence of medical records, the court could not attribute the event to negligence.
The
This blog was co-authored by William Hayne, Candidate Attorney.
In September 2024 the High Court found that the policy wording and section 54 of the Long-term Insurance Act of 1998 allowed the policyholder to either cancel her investment policy as a whole or make a partial withdrawal but not both.
The policyholder had invested her inheritance
This blog was co-authored by Phumla Zitha, Candidate Attorney.
Time is of the essence in cases of shoulder dystocia during childbirth. Shoulder dystocia is a medical condition that occurs when one or both baby’s shoulders become stuck behind the mother’s pelvic bone after the head has been delivered. Immediate medical intervention is required as a