On 29 November 2024 the Supreme Court of Appeal found that, where the National Consumer Commission was represented in the high court by a former attorney who had no right of appearance because his name had been struck from the roll of legal practitioners, it fundamentally prejudiced the administration of justice and the proceedings were a
Fraud
Insurance and Fraud (SA)

While this recent Supreme Court of Appeal judgment is a criminal case, with the onus on the State to establish proof beyond a reasonable doubt, it is a reminder for all parties to an insurance transaction of the burden upon the accuser establishing intent to defraud. In civil proceedings the burden of proof is on…
Revisiting the rules governing demand and conditional guarantees in South Africa


In October 2024 the High Court reaffirmed the rules governing demand and conditional guarantees in South Africa, and the standards required to challenge a demand on the grounds of fraud only in the clearest cases.
The second respondent (the employer) awarded a contract to the applicants (the JV) to upgrade certain roads. The JV had…
The issue of joinder in the absence of a claim by the plaintiff

This blog was co-authored by Dylan Hampton, Candidate Attorney.
In the Ross and Another v Nedbank Limited case, the plaintiffs instituted an action against the defendant bank, for breaching its duty of care owed to the plaintiffs. The delictual claim alleged that the bank negligently allowed the withdrawing of money from a third-party account belonging…
The terms of an agreement induced by fraud cannot be enforced

This blog was co-authored by Naledi Etsane, Candidate Attorney.
In Titan Asset Management v Lanzerac, six plaintiffs instituted an action against Lanzerac Estates Investments (Pty) Ltd (first defendant) and Markus Jooste (the second defendant) in relation to a number of inter-related contracts entered into in respect of the sale of their interests in various…
Life insurance and fraud

In this judgment (dealt with here on material non-disclosure) the second material issue dealt with by the court was whether the insured truthfully represented his medical conditions in relation to his continued ability to work.
The insurer alleged that the insured did not tell either the insurer or the examining doctor that he could perform…
Fraudulent insurance claim denied

The insured, in an Israeli Supreme Court case, claimed under a jewellers block policy alleging he had been a victim of a violent robbery in which diamonds and cash worth approximately $11 million had been stolen. The evidence established that diamonds worth about $6 million of the claim were in the insured’s stock and had…
Interpreting insurance contracts: a refresher (part 4 – fraudulent claims)

At common law, in the absence of a fraud clause in the insurance policy, fraud can only be relied upon to the extent to which it prejudices the insurer. If an element of the claim is fraudulent only the fraudulent portion of the claim is forfeited at common law. There is no implied term in…
Arbitration clauses usually do not survive termination of contract for fraud


An arbitration or similar adjudication clause, contained in an agreement that is found to have been induced by fraud, does not survive the avoidance of the agreement. That would be offensive to justice. The position can only change if the parties specifically make provision in their contract for a dispute regarding fraud, misrepresentation or concealment…
Setting aside arbitration finding for fraud discovered after award (UK)

The English commercial court set out the limited basis on which an arbitration award can be set aside when it is alleged that evidence of fraud that would have affected the decision only came to light after the award. The merits of an arbitration award are rarely reviewed. Public policy exceptions such as fraud can…