South Africa and global insurance, financial institutions, banking and general law know–how
This interesting judgment dealt with a bomb which was dropped by hostile German forces in Exeter in 1942. The bomb did not explode and lay undiscovered until 2021 when it was unearthed during building works. Bomb disposal experts were called in.
They decided that the bomb could not safely be diffused nor moved and detonated…
A High Court judgment in March 2023 applied good law and common sense in finding that a loan between parties who had a closely knitted friendship was not an arms’ length transaction and was therefore not governed by the National Credit Act, 2005 (NCA).
A credit transaction is not governed by the NCA if the…
A US case between an insured and an insurer involved the tale of the unluckiest yacht and the series of unfortunate events that she encountered.
In January 2013 a new expertly designed custom built yacht Fearless was insured for a year. Two days later she struck a submerged rock in the US Virgin Islands. In…
An agreement of compromise is the settlement of disputed obligations by agreement.
A compromise exists where parties agree to settle previously disputed or uncertain obligations. Like any other agreement, a compromise is based on the contractual rules of offer and acceptance, with each party conceding something, either by diminishing their alleged claim or by conceding…
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…
When tendering a letter of undertaking (LOU) to an arresting party, a P&I Club cannot lawfully include terms that could cause the undertaking to expire according to the Australian Federal Court.
In the case of the “Yangze 22”, the court refused to release a vessel from arrest because the P&I Club’s LOU included…
This blog is co-authored by Daniel Kariithi, a candidate attorney.
In February 2025, the Eastern Cape High Court reaffirmed that any party seeking to develop the common law must clearly state their case and provide supporting evidence.
The dispute before the court concerned the quantum for future care and medical expenses for the claimant’s son…
In May 2025, the English High Court held that business interruption cover under an infectious diseases extension does not include Covid-19 where the policy defines “disease” as a closed list of specified illnesses not specifically including Covid-19.
The claimants owned and operated various commercial businesses comprising hotel accommodation, spa facilities and restaurants. The claimants (as…
In South Africa it is possible to arrest any property (not only marine property) to obtain security for a claim that the arresting party is pursuing, or will pursue, in another forum or jurisdiction. To obtain such an arrest, the applicant must show that its need for security is genuine and reasonable.
In a June…
This blog is co-authored by Yuveshen Naidoo, candidate attorney.
In November 2025, the High Court in Mahikeng held the local municipality liable for injuries suffered by a claimant who fell into an uncovered stormwater drain. This decision demonstrates how damages are assessed when liability is not in dispute.
The incident occurred when the claimant stepped…
In November 2025, the High Court considered a claim arising from a birth injury. The defendant Member of the Executive Council for Health had been held liable for all agreed or proven damages. Although the matter was trial‑ready by January 2024, the damages hearing was set for 17 August 2027, creating a lengthy gap. The court granted…
The blog is co-authored by Saajidah Simjee, a candidate attorney.
Facial recognition technology is becoming increasingly common in South African workplaces for maintaining attendance and security, but is it legally permissible?
The Kenyan courts have recently found an employer’s use of facial recognition to be unconstitutional and unlawful in the judgment of Kenya Union of…
In November 2025, the Ontario Superior Court of Justic found that an alleged trip and fall incident at a restaurant and inn where a wedding was being hosted did not cover liability to a photographer who fell as a result of pre-existing defects on a ramp/pathway over which the principal named insured had no control…
In November 2025, a United States appellate court found that a pre-existing condition exclusion in a disability insurance policy did not apply in circumstances where the insured had received treatment during the policy’s “look-back period” for generic symptoms which was only later diagnosed. The decision turned on the meaning, in the context, of the word…
