This blog is co-authored Yuveshen Naidoo, candidate attorney.
On 22 August 2025, the Mbombela High Court delivered a judgment which sent a clear reminder that a claimant who alleges diminished earning capacity after a motor vehicle accident must prove actual patrimonial loss. The court held that, on the facts presented, there was “no merit” to
This blog is co-authored by Boitumelo Phillips, candidate attorney.
In August 2025, the High Court dismissed an application by the defendant for condonation of the late filing of a rescission application relating to a settlement agreement in a road accident claim but nevertheless went on to consider whether a settlement agreement survives the death of
This blog is co-authored Yuveshen Naidoo, candidate attorney.
A High Court judgment has confirmed that advocates with trust accounts cannot institute and prosecute Road Accident Fund claims on behalf of clients. This clarification is important for both legal practitioners and members of the public seeking to claim compensation from the RAF.
The claimant sought default
This blog is co-authored by Yuveshen Naidoo, candidate attorney.
In August 2025, the High Court dismissed a road accident claim against the Road Accident Fund, finding the claimant entirely responsible for a collision on the N12 Highway. The judgment reinforces the principle that drivers must maintain a safe following distance.
The issue revolved around whether
Effective from 22 April 2025, the Office of the Judge President of the Gauteng Division of the High Court issued a Directive introducing mandatory mediation in the Gauteng Division, together with a Mediation Protocol. The Directive provides that mediation in civil trials is now mandatory in the Division.
The effect on trial dates
In the transitional
A March 2025 judgment of the high court addressed the issue of interim payment for past medical expenses and whether the defendant’s admission of negligence constituted admission of liability. The court found that the defendant had not admitted liability for damages and dismissed the application for an interim payment.
The claimant had filed an application
In a January 2025 judgment, the High Court dealt with the issue of professional negligence and prescription in case which revolved around a claim for damages by the claimant, who alleged that the defendant, a firm of attorneys, was negligent in handling her claim against the Road Accident Fund (RAF), resulting in an
In a January 2025 judgment the high court dealt with a claim for compensation by the claimant, who was involved in a motor vehicle accident on 27 March 2017. The claimant sought damages from the Road Accident Fund (RAF) for injuries sustained in the collision. The central issue in this case was whether the accident
In a January 2025 judgment the high court a dealt with the prescription of a claim for damages against the Road Accident Fund (RAF) due to an alleged under-settlement. The claimant, who was involved in a motor vehicle accident in 2007, claimed that the RAF failed to exercise its legal duty of care, resulting in
Subrogation is a common law doctrine that allows an insurer who has indemnified its insured to step into the shoes of the insured and recover the loss from the wrongdoer. It is a well-established principle of insurance law that has been applied by South African courts for over a century.
In that light, the Road Accident