This recent New South Wales Supreme Court judgment articulates the well‑established position in jurisdictions around the world, including South Africa, that the words “arising from” in a policy require a less close causal connection between the causal event and the harm than the phrase “caused by”.
Judgments from Australia and other common law jurisdictions consistently
On 31 May 2024 the Constitutional Court delivered a judgment confirming that an agreement purporting to settle litigation must, at a minimum, resolve the dispute between the parties in a lawful manner and have some advantage to the parties and the court, otherwise the agreement ought not to be made an order of court.
The
In a November 2023 judgment the High Court dealt with the principles of interpretation applicable to a trust deed. The question centred around which beneficiaries of the trust were entitled to a capital payment. The donor had since died and her and her late son’s estates were two of the four beneficiaries so entitled according
This recent High Court judgment warns that class action certification is not there for the mere asking.
The lengthy 125-page judgment canvases issues such as the suitability of the class representatives, commonality, funding arrangements, litigation funders, contingency fees and whether there exists a cause of action raised on a triable issue.
It is worth a
An exemption clause which has the effect of excluding a party’s liability for theft by its employees is not contrary to public policy and is enforceable. This was the ruling of the Constitutional Court in Fujitsu Services Core (Pty) Limited v Schenker South Africa (Pty) Limited [2023] ZACC 20. This issue divided the Court, with five
In South Africa third party litigation funders are increasingly playing an important role in assisting claimants in pursuing litigation both in respect of future legal expenses and costs already incurred. And in particular for class actions, commercial litigation, consumer disputes, and medical negligence claims.
In certifying a class action the court must be told how
A full bench of the High Court in Cape Town has handed down a punitive cost order against unrepresented applicants – an unusual move considering the more lenient approach our courts usually show unrepresented litigants.
The Cassiems had instituted proceedings against the Government Employees Medical Scheme (GEMS) before various forums with “ostensible impunity”.