It happens not infrequently that a South African insurer, in agreeing to insure a South African, or other African risk, provides that the policy and disputes arising under the policy are subject to the laws of England (or another jurisdiction).
That might have unlooked for and unappreciated consequences in respect of prescription of any claim.
The UK High Court found that an independent consultant to a sub-contractor relating to the design and construction of a slipform rig did not owe a duty of care to the main contractor and could not be sued for damages for negligence. There was no assumption of responsibility to the main contractor which sought damages
In a claim between reinsurers and a South African banking group, the English High Court, in an application that was not opposed by the South African party, granted an anti-suit injunction preventing the proceedings taking place in South Africa for various reasons including that the English law exclusive jurisdiction clause was binding.
English legislation allows