In the UK there is legislation regarding exposure to risks to health and safety by third parties from the operations of a business. Legislation, like the South African Occupational Health and Safety Act, protects employees against exposure to substances hazardous to health. There have been a number of prosecutions in the UK recently for dust
Delaying a decision to avoid an insurance policy not a waiver (Canada)
In a short May 2025 judgment the Ontario Appeal Court dismissed an appeal where the insured claimed that the underwriters had delayed the exercise of its rights to void the 2015 policy and that renewing the policy amounted to a waiver or estoppel.
The insured made a major claim under its 2015 insurance policy. The…
Another Instance of Misleading the Court with Artificial Intelligence (UK)
Another cautionary tale on the perils of uncritical reliance on generative artificial intelligence (AI) arrived in the English High Court in April 2025. The court found a barrister and a firm of solicitors responsible for including fictitious case citations in formal submissions before the court. The court’s response was uncompromising: counsel and her instructing solicitors…
Uncertain prospects of a principal debt being paid is no defence for a surety
This blog was co-authored by Adrienne Hendricks, Trainee Associate and Adriaan Lourens, Candidate Attorney.
In April 2025 the High Court dealt with a bank’s claim for payment of R15 million, plus interest and costs, brought against the surety of a company. The company, as principal debtor, had concluded a loan agreement with the bank but…
Defamation in the Digital Age: Freedom of Speech has Limits
In April 2025, the High Court granted a final order restraining the two former associates of the applicant, part of a major financial group, from publishing or distributing defamatory statements about the company and its employees on social media or elsewhere. The judgment highlights the interplay between freedom of expression and the right to dignity…
Cover for a medical incident to any one person does not refer to all patients falling within a single cause (US)
Where a hospital had inadequate surgical-sterilisation procedures affecting thousands of patients, a US Court of Appeals interpreted the hospital’s medical malpractice excess of loss policies, which covered medical incidents in furnishing services to any one patient, as indemnifying per patient, and not one claim for all patients harmed by single cause.
After notification by a…
UK’s Solicitors Regulatory Authority Authorises “first purely AI-based firm”
This week, the UK’s Solicitors Regulation Authority (SRA) announced it has granted authorisation to Garfield.Law Ltd as the first Alternative Business Structure permitted to deliver regulated legal services directly via artificial intelligence (AI).
Unlike traditional firms (a good portion of whom already harnessing AI for various tasks including the provision of legal services to clients…
A lesson for insureds: Court agrees with insurer’s repudiation of a claim due to false information provided by insured
This blog is co-authored by Raaiqhah Akoo, a candidate attorney.
In March 2025 the High Court decided that the repudiation by an insurer of a claim for indemnification under an insurance policy was lawful due to the insured breaching the terms of the policy by providing false information during the assessment of his claim and…
FSCA Regulatory Strategy 2025–2028: Key Takeaways
This blog is co-authored by Anathi Xaba, a candidate attorney.
The FSCA publishes a regulatory strategy to outline its objectives, priorities, and intended outcomes for the next three years. This strategy provides guidance on how the FSCA intends to fulfil its regulatory and supervisory functions under the Financial Sector Regulation Act, 2017 (FSR Act), ensuring…
Liability and sports concussion class actions and insurance
Around the world there are class actions, both settled and ongoing, by players against their respective sports bodies for repetitive head injuries resulting in neurodegenerative disorders. Insurers and brokers need to take note.
Class action claims against the US National Football League for concussion injuries in respect of which risk the league ignored or concealed…