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High court finds digitally commissioned affidavit not properly signed

This blog was co-authored by: Caitlin Gardiner, Candidate Attorney The South African court system has found itself in a new digitised era following the restrictive lock‑down measures introduced as a result of the Covid-19 pandemic. Directives were introduced to safeguard the public’s access to justice which included the widespread adoption of remote technologies such as … Continue reading

Trade credit insurance and Sharia-compliant finance (Australia)

This judgement dealt with a trade credit insurance policy issued by the insurer. Trade credit insurance is a business insurance product which indemnifies a seller against losses from non-payment of a commercial trade debt. The insurer usually pays an agreed percentage of an invoice or a receivable that remains unpaid because of protracted default, insolvency … Continue reading

Certain private bodies exempted from compiling information manual

The Promotion of Access to Information Act of 2000 requires most entities to provide an information manual setting out the documents which are readily available to anyone seeking information from the entity.  The number of businesses, including private companies, required to prepare a manual is inestimable.  Some private companies have now been exempted from the … Continue reading

Business interruption claims and physical damage

There has been a plethora of Covid-19 policy coverage litigation across the United States.  Absent non-damage extensions under business interruption policies the courts have had to consider whether amongst other things government restrictions on businesses including shutdown orders constituted interruption of business caused by loss to property insured.  That included whether those restrictions on businesses … Continue reading

Asylum seekers with expired visas remain protected

On 22 April 2021, the Western Cape High Court dismissed, with costs, an application for leave to appeal sought by the Department of Home Affairs against the judgment handed down on 20 November 2020[1]suspending the operation of provisions of the Refugees Act, 1998 and the Regulations until the constitutional challenge to the provisions has been … Continue reading
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