Tag archives: High Court

Litigation funding is not insurance

In the High Court Steinhoff judgment, it was argued that the litigation funding  agreement between the class representative and the funder was a contract of insurance in terms of which the funder provides indemnity insurance to the class representative in consideration for the funder being paid a premium, being a percentage of the ultimate reward. … Continue reading

Affidavit commissioned via WhatsApp video call valid for COVID 19 realities

This blog was co-authored by Sa’ood Lahri, Director and Muhammad Mirza, Candidate Attorney In August 2021 the High Court[1] accepted that an affidavit commissioned over a WhatsApp video-call constitutes substantial compliance with the applicable regulations[2] and is valid in light of the practical difficulties faced by the deponent due to the raging Covid19 pandemic. The … Continue reading
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