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Interpreting a settlement agreement

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The Supreme Court of Appeal, in Pelham Stephanus Bothma and Others v Tertius Bothma N.O and Another (Case number 748/2019) [2021] ZASCA 46 (15 April 2021), re-affirmed the position regarding the interpretation of legal documents, re-stating the principle that only admissible evidence of context, conservatively applied, may be led in resolving an interpretation dispute.

Covid-19 and insurance claims

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If you haven’t already dusted off the business interruption, liability and event cancellation policies you have underwritten, or placed for an insured, and checked for coronavirus coverage, now is the time to do so.  

Causation – the ‘but-for’ test and flexibility

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A defendant is not liable unless their wrongful conduct in fact causes the claimant’s harm.

Gross negligence carve-outs

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Often ‘gross negligence’ is used as a carve-out from a no-liability clause. The Consumer Protection Act expressly provides that a supplier cannot exclude liability for gross negligence.

The marmite National Health Insurance Bill

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John Bercow, the speaker of the United Kingdom parliament, was recently referred to by a reporter as “the marmite speaker”. The expression was developed, originating in the UK, using marmite as an adjective to mean you either love it or hate it (or them) – but cannot be indifferent to it.

The NHI Bill – opportunities to be seized

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We now have the next (and final?) edition of the National Health Insurance Bill which, aspirationally and inspirationally, seeks to achieve universal access to quality healthcare services in the Republic of South Africa in accordance with section 27 of the Constitution.

Redefining the legal profession

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The legal profession is at a crossroads, facing both technological and business model disruption.

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