In November 2025, the High Court dismissed a claim arising from a slip-and-fall incident at a shopping mall, confirming that not all accidents imply fault or liability.
The claimant slipped on a “slap” chip on the mall’s walkway and sustained a fractured wrist. She alleged that the mall’s independent cleaning contractor were negligent in failing
A provincial road authority may be held primarily liable for injuries caused by a dangerous pothole, even where the driver contributed to the accident by driving too fast for the prevailing conditions. A failure to repair the pothole or warn motorists may amount to a breach of the authority’s duty of care and be the
A performance guarantee may be enforceable even where the beneficiary holds only a copy of the guarantee, if the evidence shows that the guarantee was issued and intended to operate.
In a 2025 High Court judgment, an employer awarded a construction contract to a contractor acting through a joint venture. Under the contract, the contractor
A 2025 High Court judgment confirmed that even where an insurer relies on an anti-churn clause to protect its policy book, urgent court relief restraining the intermediary from moving the policies will not be granted if the dispute can be resolved through arbitration within a short period and no immediate harm is shown.
In 2021
In this June 2025, Labour Court of South Africa, Johannesburg, judgment the first respondent was employed by the applicant as a short-term insurance broker, in its insurance division. The employment terms included a restraint of trade and confidentiality agreement.
The first respondent gave notice of his resignation to the applicant and commenced employment with the
A January 2026 judgment of the Superior Court of Ontario held that where a policy provided that all demands and allegations arising from a common set of circumstances would be considered as a single claim, the policy responded to a lawsuit that commenced after the policy period because the circumstances that gave rise to the
A general average claim will fail where the casualty is caused by an incompetent master, and the owner cannot prove due diligence to make the vessel seaworthy. That was the finding of the Admiralty Court in January 2026, with the result that a cargo contribution of about USD 1.27 million was not recoverable.
The case
In January 2026 the Illinois Supreme Court ruled that the fact that the insured had emitted ethylene oxide from their medical-equipment sterilisation facility pursuant to a permit issued by the Illinois environmental authority was irrelevant to the application of the standard pollution exclusion covering what the court called “traditional environmental pollution”. Cover was excluded.
The
This blog is co-authored by Daniel Kariithi, a candidate attorney.
A December 2025 judgment from the High Court reinforces the principle that the foundational requirement in slip and trip cases is proof of the existence of a hazardous condition that caused the harm.
On 11 April 2021, whilst shopping at the first defendant’s store, the
This blog is co-authored by Daniel Kariithi, a candidate attorney.
A November 2025 judgment of the High Court confirmed that negligence is a legal determination, not a matter of self-admission, and must be objectively assessed on the facts. Further, it held that interference by an appeal court with a trial court’s evaluation of evidence is