News & Insights
Defending Under a Reservation of Rights: Practical Insights for Insurers from the US
A recent decision from the Southern District of New York offers valuable perspective on the procedures and obligations that arise when an insurer defends a claim under a reservation of rights. Background The case involved a professional negligence action against an attorney, following an alleged failure to sue all responsible parties in a prior medical […]
June 12 2025
Public liability claims: A Cautionary Tale on Public Infrastructure and Personal Vigilance
Introduction The 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. The Plaintiff, a resident of the area, was returning home from a shopping trip and chose to walk along Chris Hani Road to catch a taxi. While […]
June 12 2025
Brand New World: How Smart Companies Are Building Communities, Not Just Customers
While President Trump and Elon Musk were going at it like Ike and Tina, something far more interesting was happening in the background. The Trump administration’s GENIUS Act isn’t just another boring government bill – it’s basically America’s official “we’re going all-in on Web3” announcement. What Is Web3? Web3 represents the next evolution of the […]
June 12 2025
POPIA in Practice: What the Latest Developments Mean for South African Businesses
In the initial years following the commencement of the Protection of Personal Information Act No. 4 of 2013 (POPIA), the Information Regulator adopted a measured approach, focusing primarily on education, awareness, and cooperative engagement with responsible parties. This period was marked by a willingness to guide organisations toward compliance rather than penalise them for missteps. […]
June 11 2025
New South African Plant Breeders’ Rights law comes into effect
South Africa’s new Plant Breeders’ Rights Act 12 of 2018 (new Act) has, by proclamation in the Government Gazette of 6 June 2025, been deemed to have been in effect since 1 June 2025. Thus, the Plant Breeders’ Rights Act 15 of 1976 (old Act) is now repealed. The new Act essentially has the aim […]
June 09 2025
Modernising Uganda’s Intellectual Property Laws
The Ugandan Copyright and Neighbouring Rights (Amendment) Bill, 2025 marks a significant step in modernising Uganda’s intellectual property laws to better protect creators and innovators. Introduced by the Minister for Justice and Constitutional Affairs, Hon. Norbert Mao, the bill aims to strengthen copyright protections, particularly for musicians and artists, ensuring fair compensation for their work. […]
June 09 2025
POV: GOING GREEN? A TRADE MARK PERSPECTIVE
Terms like “green,” “sustainable,” and “eco-friendly” are powerful marketing tools that companies use to captivate environmentally conscious consumers. These trade marks can colloquially be referred to as “green” trade marks. While “green” trade marks offer exciting opportunities for savvy businesses, they also come with hidden risks. LAUDATORY TERMS Laudatory terms express praise. Phrases like “eco-friendly” […]
June 09 2025
London High Court Decision Highlights Broker Duties and the Reach of "Other Insurance" Clauses
A recent High Court judgement in London has sent a strong message to insurance brokers about the consequences of failing to provide comprehensive advice, while also offering new guidance on how overlapping insurance policies interact. The case, involving a leading insurance broker and a community housing trust (“the trust”), is likely to have a lasting […]
June 04 2025
A Timely Reminder for Employers: Compliance with Pension Funds Act is Non-negotiable
The recent decision in PRSS Solution (Pty) Ltd v M G Marara and Others by the Financial Services Tribunal (the Tribunal) underscores the crucial responsibility of employers to comply with their obligations under the Pension Funds Act (the Act). In particular, this includes registering employees with a pension fund and notifying the fund upon their […]
June 03 2025
Credit Insurance Under Scrutiny: Court Enforces Fairness in Lending Practices
Introduction The recent judgment in the matter between the National Credit Regulator (NCR) and the credit lender company (the respondent) marks a significant development in the regulation of credit insurance practices in South Africa. The case scrutinised the legality and fairness of bundled credit insurance products sold to vulnerable consumers, including pensioners and disabled persons, […]
June 02 2025
Who’s Covered to Drive? The Hidden Risks in Car Insurance
Car insurance policies are often assumed to provide blanket protection for any incident involving the insured vehicle. Many policyholders overlook how their insurer defines who else may legally and validly drive the insured vehicle. These definitions — and their often-overlooked nuances — can have major consequences when a claim arises. The recent US case of […]
May 30 2025
Mauritius joins ARIPO Protocol for Patents, Designs and Utility Models
On 27 May 2025, the Republic of Mauritius deposited its Instrument of Accession to the Harare Protocol on Patents, Utility Models, and Industrial Designs becoming the 21st ARIPO Member State. Mauritius becomes the twenty first ARIPO Member State and with effect from 27 August 2025 it will be possible to designate up to 21 countries […]
May 29 2025
Awareness of Fraudulent Communications
Adams & Adams Fraudulent Impersonation Alert It has come to our attention that fraudulent emails (particularly from a Microsoft Outlook account of adams-adams-attorneys@outlook.com) are being sent to clients and the public, falsely claiming to represent our firm and requesting payments and information. These emails may appear legitimate and use our branding or the names of […]
May 21 2025
No Shortcut Around the Clock: Tribunal Reaffirms Firm Stance on Condonation in Pension Fund Disputes
In the recent decision of NN and OB Transport CC and Others v Transport Sector Retirement Fund and Others, the Financial Services Tribunal dismissed the employer’s application for reconsideration of a Pension Funds Adjudicator’s determination. At the heart of the dismissal was not only a lack of merit in the underlying dispute, but a critical […]
May 20 2025
Rule of Law Prevails: Where are we with the Constitutional Challenge to the NHI Act?
Background and Facts Just over a year ago and leading to the national elections, on 15 May 2024, the President of South Africa assented to and signed the National Health Insurance (NHI) Bill into law, a move that was met with significant opposition from various stakeholders, including the Board of Healthcare Funders of Southern Africa […]
May 20 2025
Video Evidence Seals the Deal: High Court Enforces Suretyships
Facts and Issues In a recent judgment delivered by the Gauteng Division of the High Court, the Plaintiff, a major financial institution, sought a monetary judgment against the Defendants, who had bound themselves as sureties for a company that had defaulted on several loan and facility agreements. The company, for which the Defendants stood surety, […]
May 15 2025
Digital transformation at Namibia Revenue Authority
The Namibia Revenue Agency, NAMRA, has set a goal of reaching full digitisation within the next 4 years. This will eliminate the need for customers to seek in-person consultations and will allow NAMRA to become paperless. The digitisation process will require integration with several other institutions such as banks, the Business and Intellectual Property Authority […]
May 14 2025
Togo registers kovié rice as its first Protected Geographical Indication
On 3 April 2025, kovié rice, hailing from the Kovié region, became Togo’s first Protected Geographical Indication (PGI). This PGI designation, granted by OAPI, will serve to ensure the quality of goods bearing the name kovié rice, fondly known as Kovié molou to locals. Kovié rice is known for its distinct aroma and ancestral cultivation […]
May 14 2025