Tag: Donald Dinnie

Extreme weather events - floods, droughts, typhoons and wildfires - and their frequency - are getting worse. In the past, these disasters were considered unpredictable, inalterable natural events. Today, extreme weather events are largely accepted as inevitable, and their severity and frequency influenced, if not caused, by human activity.

A claim  in the case of Joubert and Others v Louw (CIV APP RC 08/2022) [2023] ZANWHC 102 (22 June 2023) was dismissed by the High Court on the grounds that the respondent lacked the requisite legal standing to litigate on behalf of her husband who was the party to the contract sued on.

This Supreme Court of Appeal judgment, Churchill v Premier, Mpumalanga (889/2019) [2021] ZASCA 16 (4 March 2021), dealt with the case of the plaintiff who was mistreated and injured in the course of a protest by trade union members on premises where she was employed.

In this judgment the court grappled with the difficult question of imposing vicarious liability on an employer for an employee’s deliberate wrongdoing.

The test for negligence is straightforward and summarised in the frequently cited judgment of Kruger v Coetzee 1966 2 SA 428 A at 430 E-H.

In Kalagadi Manganese (Pty) Ltd and Others v Industrial Development Corporation of South Africa Ltd and Others (2020/12468) [2021] ZAGPJHC 127 (22 July 2021), the court provides some useful comments on the application of High Court Rule 41A requiring litigants to attempt to mediate their dispute, and the question of bad faith mediation.

An unrehabilitated insolvent, who is a nominated beneficiary in terms of a life insurance policy, is not entitled to the proceeds of the policy to the exclusion of the trustees of their insolvent estate.

A recent Cape High court judgment contains some useful guidance for insurers in adjusting COVID-19 business interruption claims involving recovery or remission of rental.

In order for a representative to be debarred, there must be non-compliance by the representative or the key individual of the financial services provider with, amongst other things, the 'fit and proper' requirements of the FAIS Act.

The judgement in Travelers Insurance Co Ltd v Armstrong and Another [2021] EWCA Civ 978 considered the interesting question of legal professional privilege, the rights of successors in title, and joint retainer privilege.