Insights
Practical writing on procedure, remedies and the questions clients ask most often.
Litigation
A signature obtained from the wrong person creates no contract. The Supreme Court of Appeal considers exemption clauses, authority between partners, and the notice standards the Consumer Protection Act demands of operators running activities that carry real risk.
3 August 2026 · 3 min read
21 January 2026
Insurance
When a bank finances an asset, it usually takes security over more than the asset itself. It often takes cession of the borrower's rights under the insurance policy covering that asset, so that if the thing is destroyed, the insurance money flows to the bank rather than to a borrower who may already be in trouble. It is a sensible, everyday arrangement. But a 2003 decision of the Supreme Court of Appeal, *Stannic v Samib Underwriting Managers*, is a reminder that a cession taken quietly is a cession that can quietly fail.
1 January 2026
Arbitration
One of the topics we have discussed before is when a court will intervene and set aside an arbitration award. The legal principles governing such applications are well established. As a general rule,
18 November 2025
In AIG South Africa v Azrapart the Supreme Court of Appeal refused to rectify a policy to strip out COVID-19 infectious-disease cover, holding that an insurer who signs a Placing Slip and policy that include the cover cannot later plead a "mistake" it never flagged.
1 December 2024
Construction Law
The incident On 6 May 2024, a building that would be known as the 74 Victoria Apartments catastrophically collapsed in George, resulting in the tragic death of 34 persons and serious injury to many
1 November 2024
Business Rescue
The first time the Supreme Court of Appeal had to deal with the concept of business rescue was in the matter of Oakdene Square Properties (Pty) Ltd v Farm Bothasfontein (Kyalami) (Pty) Ltd (609/2012)
The crisp issue that was decided by the Supreme Court of Appeal in the matter of Lutchman N.O. and Others v African Global Holdings (Pty) Ltd and Others was when exactly a business rescue application
In Hanekom N O and Others v Nuwekloof Private Game Reserve Farm Owners Association a trust referred a levy dispute with a Homeowners' Association ("the HOA") to the Community Schemes Ombud Service
1 February 2024
In a judgment handed down earlier this year, the South Gauteng High Court restated the legal principles for reviewing an arbitration award. Any party who seeks to challenge an arbitration award under
1 January 2024
- A Brief Overview of the SCA's Landmark Ruling In Telcordia Technologies Inc v Telkom SA Ltd 2007 (3) SA 266 (SCA), the Supreme Court of Appeal reaffirmed the limited role courts play in reviewing
Mediation is an alternative form of dispute resolution where an independent third party (called a mediator) facilitates a settlement between the parties. The process is voluntary meaning that it
As a young attorney, I had the privilege of acting as attorney of record for ABSA Brokers in Rippel v ABSA Brokers (Pty) Ltd (3198/2009) [2009] ZAKZDHC 49 (30 October 2009). The case serves as an
In the 2007 case of Gutsche Family Investments (Pty) Ltd and Others v Mettle Equity Group (Pty) Ltd and Others [2007 (5) SA 491 (SCA)], the Supreme Court of Appeal delivered a key ruling on the
It is said that all contracts are agreements but not all agreements are contracts. In business we tend to use the terms ‘agreement' and ‘contract' interchangeably, which is fine most of
