On 28 May 2024 the Cape Town High Court granted applications declaring that the court’s earlier order setting aside the appointment of the municipal manager for the Knysna Municipality remains operative and executable, regardless of any appeal process against that order.
The default position in our law is that the operation and execution of a
On 05 June 2024, the high court dealt with the perfection of a special and general notarial bond over moveable assets. The question whether the notarial bond was enforceable turned on whether an event leading to its executability had come to pass. A creditor can ‘perfect’ an executable general notarial bond by taking possession of
The insured under an umbrella insurance policy faced with numerous asbestos-related injury lawsuits failed to persuade a Texas court that the insurer had a duty to defend the claims. The insurer was obliged to defend claims “not covered” by the underlying policy. The insured unsuccessfully contended that “not covered” included “no longer covered”, which was
On 21 September 2023 the Superior Court of Canada held a reinsurer bound under a retrocession agreement to a follow the settlements clause. The fronting reinsurer paid the lead insurer the full amount of a $140 million settlement and sought to recover the retrocessionaire’s share. The retrocessionaire said it was not bound by the follow
This blog was co-authored by Brigitte Geyer, candidate attorney at Norton Rose Fulbright South Africa.
Absolution of the instance may be granted at the conclusion of a plaintiff’s case in instances where the plaintiff failed to establish a prima facie case.
In a recent unreported judgment, the Eastern Cape high court granted absolution of the