In December 2024 the Cape Town tax court found that an additional assessment made by SARS in relation to a contingency policy premium was out of time and had prescribed. In doing so, the court made some important findings regarding
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Wrong lane car-accidents and contributory negligence
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…
Legal Privilege and Dominant Purpose
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…
No liability for slip-and-trip in an area not under control
This blog was co-authored by William Hayne, Candidate Attorney.
In December 2024, the High Court dismissed a claim for damages by the claimant, who slipped and fell at the entrance of a toilet in a shopping complex. The claimant alleged…
Slip and Trip – warning signs for hazards
In a January 2025 judgment the high court dealt with a claim for damages by a claimant who tripped and fell in a shopping mall. The claimant alleged that the defendants who owned the mall were responsible for the area…
Police officers and duty to care
In January 2025, the court addressed a claim for loss of support following the wrongful death of the first plaintiff’s husband, who died after being taken into police custody. The claimants, consisting of the deceased’s wife and two daughters, alleged…
Some principles of property insurance (UK)
A contract of insurance against damage to property is a contract of indemnity, often described as a contract to hold someone harmless.
Those principles are highlighted in this recent court of appeal judgment.
The court said that a lay…
Compliance with court order to provide security for costs
This blog was co-authored by Adam Butler, Candidate Attorney.
The failure to put up security for costs when required to do so can have significant consequences.
On 20 November 2024, the Johannesburg High Court delivered judgment in Redpath Mining (South…
Clarifying the doctrine of the undisclosed principal and protecting corporate personality
This blog was co-authored by Adam Butler, Candidate Attorney.
In September 2024, Christopher Hancock KC handed down judgment in Yangtze Navigation (Asia) Co Ltd & anor v. TPT Shipping Ltd & ors (The “Xing Zhi Hai”) [2024] EWHC 2371 (Comm), providing…
Powers of a trade union to represent members in proceedings are limited by its constitution
On occasion an employee joins a trade union which operates outside of the industry in which their employer operates. The Constitutional Court held that such a trade union does not have the power to represent the employee in CCMA and…