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Another claim against directors under section 218 of Companies Act fails

Photo of Patrick Bracher (ZA)
By Patrick Bracher (ZA) on June 4, 2024

The claim by a company, that had done business with a clearing and forwarding agent company, made under section 218(2) of the Companies Act, 2008, which was based on the company having carried on its business recklessly, failed. Section 218 creates liability for any person “who contravenes any provision of this Act”. The claimant failed to identify…

Posted in Insurance

Delict and Working Backwards from Unfavourable Outcome

Photo of Donald Dinnie
By Donald Dinnie on May 27, 2024

In this Supreme Court of Appeal judgment 21.pdf (saflii.org) in a claim for medical negligence damages, the court again cautioned against commencing with an unfavourable outcome and working backwards in search of a cause. 

South African and other courts have cautioned that a doctor should not be held negligent simply because something went wrong.  That…

Posted in Insurance

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Norton Rose Fulbright’s financial institutions team provides straightforward legal updates. Our lawyers offer local insights with an international perspective recognised worldwide. This blog focuses on the South African market and is about sharing knowledge with you. Blog posts are not legal advice.

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