In December 2025, the High Court granted urgent relief to civil society organisations after vigilante groups at Yeoville and Rosettenville clinics blocked access for anyone unable to produce a South African ID. While the City later withdrew its objection, national and provincial health authorities argued they bore no responsibility for what happens outside clinic gates
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Owner’s liability for injury on its property
This blog is co-authored by Boitumelo Phillips, a candidate attorney.
In November 2025, the High Court dismissed a claim for damages against a landowner after a child was injured by a caterpillar machine operating on the property. The court found that mere ownership of land does not automatically impose a duty to prevent such incidents…
Another insurance case considering an “occurrence” (US)
A September 2025 decision in a Massachusetts Appeal Court found that an “occurrence” connotes a relatively concrete, timebound quality. The insured company supplied defective oil to customers over a long period of time which led to damage to the customers’ heating equipment and a class action.
There was no cover unless the insured knew that…
Making settlement agreement an order of Court: enforcing a settlement agreement that was made an arbitration award under the Arbitration Foundation of Southern Africa Rules
This blog is co-authored by Daniel Kariithi, candidate attorney.
An August 2025 judgment from the Johannesburg High Court reinforces the principle that the interpretation of a settlement agreement must be purposive, textual and contextual.
On 21 January 2016, the applicant and the first respondent concluded an agreement for the procurement of medical equipment from the…
How AI Misled Two US Courts and the Urgent Case for AI Rules in Judging
Federal courts in New Jersey and in Mississippi have recently withdrawn published rulings after lawyers discovered glaring factual and legal errors that appear to trace back to unvetted generative‑AI research.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…
Directors and officers cover limited by regulatory exclusion (US)
On 24 February 2025, a US court found that an insurance claim by a hospital of $2.5 million in legal costs incurred in responding to state probes into its Covid-19 vaccine distribution programme was limited to the amount of $1 million because of a policy sublimit for regulatory cover.
The court found that an insured…
Post-commencement creditors have voting rights on business rescue plans
The pivotal judgment of the Supreme Court of Appeal in Mashwayi Projects (Pty) Ltd and Others v Wescoal Mining (Pty) Ltd and Others delves into the nuances of the Companies Act, 2008 and finds that post-commencement creditors have the right to vote on the adoption of a business rescue plan. The decision overturns a previous…
Soaring limits of airline liability under the Montreal Convention, 1999
This blog was co-authored by Pierre Naudé.
On 18 October 2024 the International Civil Aviation Organisation (ICAO) announced that the limit of liability of airlines, as stipulated in the Montreal Convention, will increase by 17.9%. This increase is effective from 28 December 2024.
The Montreal Convention provides for a five-year review of the limitation, which…
A practical example of applying the rules of the National Soccer League
This blog was co-authored by Katelyn-mae Carter, candidate attorney at Norton Rose Fulbright South Africa.
In this case Upington City Football Club filed an urgent application for an interim interdict to prevent the National Soccer League (NSL) from holding promotion and relegation playoffs pending the outcome of the application.
The case revolved around the NSL…
South African companies’ compliance with the EU Corporate Sustainability Due Diligence Directive
Following extensive negotiations, the Council of the European Union (EU) formally adopted the Corporate Sustainability Due Diligence Directive (the CS3D) on 24 May 2024. Once fully implemented, both EU and non-EU companies, as well as their ‘upstream’ and ‘downstream’ value chains (or “chain of activities”), will be subject to mandatory human rights…