Subrogation in Insurance Contracts

By Lauren Squier, Associate and Kyle Venter, Candidate Attorney Introduction This article seeks to clarify the term “subrogation” and what this means to you as the insured. The central topics of discussion are primarily, what subrogation is, the doctrine of subrogation under English law, the insurers right to subrogation and the requirements for subrogation.   In
Read more
No Comments

Valla PTC Ltd v Faiman [2020] EWHC 1819 (Comm) (09 July 2020)

Case summary written by Angela Paschalides and checked by Michal Asoulin Background The High Court of Justice of England and Wales (Queen’s Bench Division Commercial Court) (the “Court”) heard a case in which Valla PTC Limited (the “Claimant”) applied for permission to issue an application, as well as an order for summary judgment against Jonathan
Read more
No Comments

Van der Walt v S [2020] ZACC 19

Case summary written by Elani Vogel and checked by Stefan Bezuidenhout Background In 2016, Dr Danie Van der Walt (“the Applicant”), an obstetrician and gynaecologist practising in the Witbank area, was convicted by the Regional Court of culpable homicide and sentenced to 5 years imprisonment on the basis that he acted negligently in the care
Read more
No Comments

Gewu v Mbanzeni and Another (251362019) [2020] ZAGPJHC 21

Written by Loyiso Bavuma and checked by Divina Naidoo Background This  case dealt with an opposed application by the Howard Gewu (“the applicant”) to compel Moses Mbanzeni (“the first respondent”) and Wax Engineering and Consultants (Pty) Ltd (“the second respondent”) to transfer into his name forty percent of the shares in the second respondent. The
Read more
No Comments

AR V HR (3565-2018) 2020 ZAECPEHC 10 (19 May 2020)

Case summary written by Celeste Frank and checked by Jordan Dias BACKGROUND The Applicant and Respondent were married to each other and at the time of divorce (which was granted on 18 May 2020), there were two minor children born of the marriage between the parties.  Incorporated in the decree of divorce was a settlement
Read more
No Comments

Business Partners Limited v Mmadi and Others [2020] ZAGPJHC 22

Written by Loyiso Bavuma and checked by Divina Naidoo Background: This present case was in relation to an application for summary judgment. On 17 November 2017, Business Partners Limited (“the applicant”) and JJH Supply and Projects (Pty) Ltd (“the principal debtor”) entered into a written agreement of loan (“the loan agreement”) in terms of which
Read more
No Comments

Busamed Health Care (Pty) Ltd and Others v M du Plessis Van der Nest SC N.O and Others (72746/2019) [2020] ZAGPPHC 275 (26 June 2020)

Case summary written by Snazo Tuswa and checked by Jordan Dias Background On 7 August 2019, M Du Plessis (“the Arbitrator”) handed down an award in arbitration proceedings (“Arbitration Award”), between the First, Second, Third Applicants, and the Second to the Eighth Respondents. Subsequent to such arbitration, the Arbitrator ordered compliance as to all participants
Read more
No Comments

Gobi Holdings Limted v Fairbridge Arderne and Lawton Incorporated t/a Fairbridges Wertheim Becker and Another (2019/12696) [2020] ZAGPJHC 167 (19 February 2020)

Case summary written by Courtney Altmuner (Candidate Attorney) and checked by Danmari Duguid (Associate) Background The Plaintiff, Gobi Holdings Limited (“Gobi”) appointed the Defendant, Fairbridge Arderne and Lawton Incorporated (“FAL”), a law firm who previously traded as Hogan Lovells South Africa, to act as its legal representative in a share sale transaction with Platinum Hospitality
Read more
No Comments

Anabella Resources CC v Genric Insurance Company Limited (A5025/2019) [2020] ZAGPJHC 163 (2 July 2020)

Case summary written by Tayla Bruce and checked by Jordan Dias Background:  During March 2013, Anabella Resources CC (“the Appellant”) and Genric Insurance Company Limited (“the Respondent”) entered into an insurance agreement (“the Agreement”), in terms whereof the Respondent undertook to indemnify the Appellant for loss or damage which it suffered in the event of
Read more
No Comments

Standard Bank of South Africa Ltd v Bloemfontein Celtic Football Club (Pty) Ltd 2020 (3) SA 298 (FB)

By Stef de Gouveia and checked by Saul Mayers     Background:  Standard Bank of South Africa Ltd (the “Applicant”) sought an order for the provisional liquidation of Bloemfontein Celtic Football Club Pty (Ltd) (the “Respondent”). The purpose of the provisional liquidation proceedings was as a result of the Respondent’s failure to effect payment of
Read more
No Comments