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
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Upholding “Fit and Proper” Standards
This blog was co-authored by Yuveshen Naidoo, Candidate Attorney.
On 23 December 2024, the Financial Services Tribunal upheld an FSP’s decision to debar its representative in terms of section 14(1) of the Financial Advisory and Intermediary Services Act, 2002 (FAIS…
A preamble may affect the interpretation of a contract
Previous decisions suggesting that a preamble does not affect the interpretation of a contract are no longer correct in the light of the modern approach to interpretation of contracts which gives consideration to the language used, the context and the…
Unfettered contractual discretion may be fettered by public policy and good faith
In late January 2025, in the course of deciding whether a contractual decision to vary a contract had to be exercised in good faith, with reasonable judgment and without arbitrariness (a more detailed blog will be found here) the…
Exercise of contractual discretion must be reasonable and in good faith
In late January 2025 the Supreme Court of Appeal held that, in circumstances where a contractual discretion is to be exercised impacting on the counterparty’s performance, the discretion must be exercised in good faith, with reasonable judgment, and without arbitrariness…
The importance of legal due diligence
Understanding legal due diligence
In the fast-paced world of business transactions, the importance of legal due diligence cannot be overstated. This process, often seen as a tedious necessity, is actually the base of informed decision-making and risk management. But what…
Settlement agreement prior to litigation cannot be made an order of court
In January 2025, the High Court addressed an application to enforce a settlement agreement made before litigation. The case revolved around a claim by the applicant seeking to enforce a settlement agreement against the respondent, the developer of a retirement…
Consequences of insuring under another law
It happens not infrequently that a South African insurer, in agreeing to insure a South African, or other African risk, provides that the policy and disputes arising under the policy are subject to the laws of England (or another jurisdiction).…
Business interruption loss not proved for interrupted cannabis business (US)
In January 2025 a Connecticut district court rejected an insurance claim for a business interruption loss allegedly caused when a fire damaged the insured’s facility, equipment and hundreds of marijuana plants used to produce cannabis products. Business interruption policies require…
A realistic tax judgment on contingency insurance
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…