Superimposed over ordinary voluntary mediation, where a party can withdraw at any stage without potentially attracting any adverse consequences, is the judicially sanctioned High Court Rule 41A procedure obliging the parties to consider a non-adversarial resolution to a dispute which
Latest from Financial Institutions Legal Snapshot
Rule 41A and Bad Faith Mediation – Part 1
In this Gauteng High Court judgement, the court provides some useful comments on the application of High Court Rule 41A requiring litigants to attempt to mediate their dispute, and the question of bad faith mediation. This is helpful, considering
Rejection of ‘the matter speaks for itself’ doctrine and the Onus of Proof in Medical Negligence cases (Part 3)
This blog was co-authored by: Caitlin Gardiner, Candidate Attorney
In this judgement in the Supreme Court of Appeal the claimant submitted that the hospital breached its statutory duty in that it failed to ensure the proper safe-keeping of the hospital
Evaluating Expert Medical Evidence (Part 2)
This blog was co-authored by: Caitlin Gardiner, Candidate Attorney
In this claim, alleging that the hospital staff’s negligence during the claimant’s labour resulted in her child’s cerebral palsy, the Supreme Court of Appeal addressed the issue of how to
Missing Hospital Records and Adverse Inference (Part 1)
This blog was co-authored by: Caitlin Gardiner, Candidate Attorney
In this case, the Claimant sued for damages, alleging that the hospital staff’s negligence during her labour resulted in her child’s cerebral palsy. The Supreme Court of Appeal found that
Covid-19 business interruption claims and virus exclusions (USA)
While this Ohio Appellate Court judgment found that the insured did not suffer direct physical loss or damage so as to warrant coverage, it also considered the application of the virus exclusion in the policy
The exclusion reads:
“We will
Ambiguity and bad grammar
Bad grammar does not necessarily render a contract ambiguous.
That was the sensible conclusion of this United States judgment.
Hall sued her former employer, Rag-O-Rama when it fired her less than a year after promoting her to an area-manager position.
YouTube channel for the Financial Sector Conduct Authority (FSCA)
In a welcomed development, the Financial Sector Conduct Authority has established a YouTube channel (https://m.youtube.com/channel/UCh3dQcOQAzdptNTKFQvB7HQ/about). The channel is a useful resource and provides valuable insight as to the FSCA’s stance on certain issues. Check out their latest videos:
How
A fall walking from bed to desk at home is a workplace accident (Germany)
The German Federal Social Court held that an area sales manager working from home was on his way to work and therefore suffered a workplace accident when he slipped down his spiral staircase and broke a thoracic vertebra while going
The law does not require impossibilities and its effect on prescription
In finding that the Road Accident Fund Act three year extinctive prescription period (with some exceptions) did not apply to the claimant who had become a person of unsound mind because of the motor accident, the Constitutional Court applied the