South African Supreme Court of Appeal

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In April 2025, the Supreme Court of Appeal (SCA) confirmed the position that our common law does not permit the transmission to a deceased estate of a claim for general damages or non-patrimonial loss occasioned by bodily injury if the claimant dies before the close of pleadings (litis contestatio)is reached.  However…

The test to determine whether a document that is brought into existence for different purposes, only one of which is to obtain legal advice for contemplated litigation, is protected by legal professional privilege has previously not been decided by the South African Supreme Court of Appeal.  The law is now clear that legal privilege only…