A June 2025 judgment of the Supreme Court of Appeal is not a of general interest save that it illustrates how, in this information age, careful drafting of provisions relating to the ownership of data and intellectual property attaching to
Financial Institutions Legal Snapshot
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Section 129(1) of the National Credit Act requires negotiation of arrear payment terms
At the end of May 2025, the High Court held that where notice is given by the credit provider to the consumer under section 129(1)(a) of the National Credit Act drawing attention to a default, the credit provider must negotiate with…
Medical negligence – Kenyan court awards record damages for unauthorised surgery & poor care
A decision made by the High Court in Nairobi in June 2025 has set a significant precedent in medical negligence law in Kenya. The court found both a hospital and a consultant gynaecologist jointly and severally liable for severe injuries…
Notification of change of insurance risk clause held not ambiguous nor unfair (AUS)
In early June 2025 the Federal Court of Australia held that the following term in a home and contents insurance policy was not ambiguous because it implied materiality, it did not cause a significant imbalance in the rights and obligations…
Application to set aside section 63 protected life insurance benefits fails for not joining beneficiary
The issue which the parties sought to have determined were whether the benefits of a life insurance policy received by the surviving community-of-property spouse as beneficiary were protected under section 63 of the Long-term Insurance Act, 1998 (LTIA). The provisional trustees…
Pooled water entering insured premises from a roof terrace is not excluded as “surface water” (US)
In April 2025, a Connecticut, US, decision held that rainwater that flooded a roof which a roof drain could not handle, thus flooding the roof terrace and entering the third floor of a building under the closed terrace door was…
Oral termination of suretyship agreements
This blog was co-authored by Adriaan Lourens, a Candidate Attorney.
In a May 2025 High Court judgment, the court held that, in the absence of a contractual provision expressly requiring written termination, an oral termination of a suretyship agreement is…
Court refuses stay of HPCSA professional misconduct inquiry
In May 2025, the High Court dismissed an urgent application by a clinical psychologist against the Health Professions Council of South Africa (HPCSA) to stay the hearing of a professional misconduct inquiry by its Professional Conduct Committee until the court…
Liability for allowing a claim to prescribe
On 29 May 2025, the Gauteng High Court highlighted the far-reaching implications of submitting a claim after the statutory period has expired, as well as the difficulties that arise when key facts remain unsubstantiated. The judgment serves as a warning…
Preserving creditor rights against sureties in business rescue plans
In an April 2025 judgment, the High Court concluded that the defendant’s liability as a surety was not discharged by the release of the principal debtor under a business rescue plan (BR Plan). The BR Plan and the deed of…