ArticleWhen Does A Debt Prescribe?Does prescription run from the date that the debt is due, or when the creditor has adequate facts regarding the claim?South AfricaLitigation, Mediation & ArbitrationENS
ArticleFestive Accidents & RAF Claims: Not Every Road Accident Loss Can Be Recovered From The RAFIt is that time of the year where there is ordinarily a worrying rise in motor vehicle accidents. As expected, road accidents awareness campaigns by the Department of Transport and other relevant agencies are in full swing. South AfricaLitigation, Mediation & ArbitrationAdams & Adams
ArticlePRASA Non-Resumption Of Operations: Legal Fundamentals Not To Be DisregardedSince the commencement of the nation-wide lockdown, PRASA ceased all its operations. The country is now under Alert Level 3, as of 1 June 2020, and it has been announced by the Minister of Transport ...South AfricaCoronavirus (COVID-19)Adams & Adams
Article"Positive" For Seven Years: The Human Cost Of An HIV MisdiagnosisThe High Court of Uganda, sitting at Jinja, delivered a noteworthy judgment in an HIV misdiagnosis and medical negligence case on 18 February 2026.South AfricaLitigation, Mediation & ArbitrationAdams & Adams
ArticleRunning Into Liability: The Legal Duty Of Care In Running EventsSouth Africa boasts a vibrant running culture, with a wide array of organised races held throughout the year. The organisation of these events varies significantly...South AfricaLitigation, Mediation & ArbitrationAdams & Adams
ArticleThe Fine Line Between Negligence And Poor PerformanceGross negligence is a form of misconduct that allows for summary dismissal if found guilty. South AfricaLitigation, Mediation & ArbitrationSchoemanLaw Inc.
ArticleElements Of Medical Malpractice Due To COVID-19The misdiagnoses of COVID-19 patients is likely to be responsible for a possible rise in medical malpractice legal cases, whereby the number of these cases may increase in the foreseeable future.South AfricaFood, Drugs, Healthcare, Life SciencesAdams & Adams
ArticleCompanies Bill 2008 – Directors And Officers Insurance – Almost Right At Last!It may seem churlish to complain about Section 78(6) of the Companies Bill 2008 given that it goes a long way to fixing the problems which have bedevilled the attempts to get the legislation dealing with directors and officers insurance in line with industry expectations and the recommendations on the topic in both of the King Reports.South AfricaCorporate/Commercial LawNorton Rose Fulbright South Africa
ArticleCan A Party Rely On The Delegation Of A Duty To Escape Delictual Liability?The South African Supreme Court of Appeal ("SCA") handed down judgment in Pick ‘n Pay Retailers (Pty) Ltd ("Pick ‘n Pay") v Williams and Another on 26 January 2026. South AfricaLitigation, Mediation & ArbitrationENS
ArticleDisclaimers In Action: How One Notice Changed The Outcome Of A LawsuitIn a recent court case, the Johannesburg High Court delivered a judgment on 8 January 2025 pertaining to disclaimers. The case revolved around a delictual claim for damages by the plaintiff who sustained injuries.South AfricaLitigation, Mediation & ArbitrationAdams & Adams
ArticleGrave Risks For Lawyers Relying On ChatGPT!Development, growth, and advancement of artificial intelligence (AI) is progressing at a rapid speed. South AfricaLitigation, Mediation & ArbitrationAdams & Adams
ArticlePublic Liability Claims: A Cautionary Tale On Public Infrastructure And Personal VigilanceThe matter concerns a claim for damages arising from an incident in which the Plaintiff fell into an open manhole while walking along a pavement in Soweto.South AfricaLitigation, Mediation & ArbitrationAdams & Adams
ArticleNegligence vs Gross Negligence Dilemma In Insurance Claims: Eyebrow Raising Finding By The OmbudsmanThe law draws a distinction between "negligent conduct" and "grossly negligent conduct". Grossly negligent conduct is synonymous with reckless conduct.South AfricaInsuranceAdams & Adams
ArticleLegal Practitioners Pay The Price For Unprofessional ConductThe Eastern Cape High Court addressed whether legal practitioners should personally bear costs and forfeit fees after an appeal collapsed due to a severely deficient appeal record.South AfricaLitigation, Mediation & ArbitrationENS
ArticleNo Shortcut To Investigation: Section 43 Of The Legal Practice Act Is An Extraordinary ProvisionThe Western Cape High Court examined whether the Legal Practice Council could urgently suspend two legal practitioners without conducting a proper investigation into allegations of trust fund misappropriation exceeding R16.9 million. The case centered on the interpretation of section 43 of the Legal Practice Act and whether the LPC's expedited process, based solely on untested allegations from a complainant involved in divorce proceedings.South AfricaLitigation, Mediation & ArbitrationENS
ArticleThe Sapling And The Fallen TreeTwo recent decisions of the Supreme Court of Appeal of South Africa dealing with the delictual elements of wrongfulness and negligence will be of interest to liability insurers.South AfricaInsuranceClyde & Co
ArticleOh Deer, Baby Reindeer: When Can You Say "This Is A True Story"?Baby Reindeer, a popular Netflix show released in April 2024, tells the allegedly true story of Scottish comedian Richard Gadd being stalked by an older Scottish woman, Martha. South AfricaLitigation, Mediation & ArbitrationENS
ArticleWhen Is Emotional Distress Sufficient To Ground A Claim For Damages?Claims for damages arising from emotional shock are often pursued without a full appreciation of the legal requirements that must be satisfied for success.South AfricaLitigation, Mediation & ArbitrationAdams & Adams
ArticleWho Is Liable For A Dog Bite InjuryDog bites incidents are a frequent occurrence in society. Sadly, many people have been bitten by dogs roaming around freely outside or whilst visiting a premises.South AfricaLitigation, Mediation & ArbitrationAdams & Adams
ArticleCourt Reminds South African Police Of Their Legal Duties During A StrikeThe South African Police Service ("SAPS") has a legal duty to prevent, combat and investigate crime, to maintain public order, and to protect and secure the inhabitants of South Africa.South AfricaCriminal LawENS