There is a persistent stream of judgments where guarantees that are plainly on-demand guarantees are declared enforceable as such. In matter after matter, allegations of fraud are not proved by those trying to prevent payment under the guarantees. A common theme is that “unconscionability and the development of the common law” is raised despite this
An October 2025, judgment of the Supreme Court of India held that once it is established that the loss at the insured premises is due to fire and there is no finding of an allegation of fraud or that the insured is the instigator of the fire, the cause of the fire is immaterial. It
The executor of a deceased estate sued the applicant under a life policy and was granted default judgment.
The court rescinded the judgment because the summons was served on the incorrect legal entity at an address that was neither its head office nor registered office as required. Summons was served at a branch of FirstRand
In October 2025, the Appeal Court decided that the MEC for Health, North West was not liable for the alleged injuries and consequent damages suffered by a claimant following the insertion of a faulty intravenous drip in his arm at a public hospital.
The claimant alleged that while receiving treatment at the hospital, the medical
In October 2025, the Supreme Court of Appeal decided to grant an application for condonation for late notice under the Institution of Legal Proceedings against Certain Organs of State Act of 2002. In doing so, it addressed how the Constitutional rights of children and access to courts inform the assessment of the late statutory notice.
In October 2025, the New South Wales Court of Appeal addressed the significant question in insurance law whether the insured who terminates a policy following the wrongful repudiation by the insurer remains to get the bound insurer’s consent to settle their liability to a third party. The case arose from an accident on a construction
In October 2025, a Washington Appeals Court found that an insurance claim arising from the failure of a wall constructed by the insured was not “sudden and accidental” because the insured had knowledge in the months before the wall failed of the fact that the retaining walls were not built correctly and had a substantial
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
This blog is co-authored by Yuveshen Naidoo, candidate attorney.
In August 2025, the Florida appellate decision held that the insurer was entitled to deny a hurricane claim reported three years after the event, because the insured breached the policy’s notification obligation. The policy required “prompt notice” of any loss. South African courts would likely reach
In September 2025, the High Court held a provincial health department liable after hospital staff operated on the wrong knee of a child and provided substandard care. The department was ordered to pay 100% of the patient’s proven damages. The judgment highlights the importance of simple safeguards, including accurate diagnosis, informed consent, surgical-site verification, and