Tag: Adams and Adams
Strategic litigation decisions and prescription – a cautionary tale
On 10 April 2016, the plaintiff was admitted to a private hospital complaining of pain in her left knee. Unbeknown to anyone at the time, the plaintiff had suffered a ruptured aneurysm in her popliteal artery. The rupture resulted in limited blood flow to her lower left leg.
DTIC’s amendments to merger thresholds and filing fees
In the first revision since 2017, Minister of Trade, Industry and Competition (DTIC), Parks Tau, has gazetted amendments to the merger notification thresholds and filing fees. The amendments took effect on 1 May 2026. The amendments, published on 8 May 2026, confirm the previously proposed draft thresholds and filing fees, as set out below. The changes mark a significant adjustment to South Africa’s merger control regime.
Dormant litigation dismissal – when does delay become prejudicial?
In a recent Johannesburg High Court judgment, the plaintiff, Karanie, instituted an action against the life insurer, the defendant, in December 2012. The claim sought payment of benefits allegedly due under a life insurance policy. The defendant defended the action and filed a counterclaim to recover payments already made under the policy.
The force of JBCC substitution – no second bite at arbitration
Construction adjudication often receives treatment as interim. Arbitration or litigation then waits as the final forum. In a judgment delivered by the Eastern Cape Division in Makhanda on 30 April 2026, Krüger AJ issued a clear warning. He stressed that this assumption only holds if the contract supports it.
Professional indemnity ruling – the cost of late notification
The Plaintiffs operated restaurant businesses and appointed the defendant as their insurance broker. The defendant's mandate required it to procure commercial insurance on the Plaintiffs' behalf. On 4 June 2019, the defendant obtained policies from Renasa Insurance Company Ltd. However, these policies did not include an extended business interruption clause covering losses arising from infectious disease outbreaks.
Packaging and vaping – tobacco bill regulation changes
It has been widely reported that the Tobacco Products and Electronic Delivery Systems Control Bill (the Tobacco Bill) aims to tighten regulations on smoking and vaping. Specifically, the bill seeks to introduce plain packaging. This refers to standardised packaging without branding, including logos and trademarks, and directly affects packaging and vaping controls.
Beneficiary disputes in living annuities – a wake-up call for insurers
On 6 January 2026, the Pretoria High Court delivered judgment in a case concerning an insurance living annuity. The matter involved competing beneficiary nominations made shortly before the deceased’s death. Importantly, it highlights the risks associated with beneficiary disputes in living annuities.
Protests inside shopping centres – risks for management
Public protest is a protected constitutional right in South Africa. However, when protest action moves into privately owned commercial environments such as shopping centres, different legal and risk considerations arise. In particular, protests inside shopping centres introduce complex liability questions.
Clarifying prescription in medical malpractice cases
The recent Eastern Cape Division of the High Court judgment in N[...] v Member of the Executive for the Department of Health, Eastern Cape serves as a critical reminder of the intricacies surrounding prescription in medical malpractice claims. This is particularly relevant where the claimant is a layperson with limited medical knowledge.
Cigarette packaging – a marketing tool or a regulatory instrument?
Over the last several decades, governments worldwide have pushed strongly to regulate tobacco and tobacco products. Their goal is to reduce tobacco consumption. These efforts increasingly focus on stricter rules for cigarette packaging and related marketing practices. Beyond standardised packaging, governments now introduce complementary policies.




























