News & Insights
Exclusion Clauses in Claims-Made Policies: What Insurers Need to Know
Claims-made policies in professional indemnity insurance often include prior exclusion clauses, which serve to limit the insurer’s liability for claims arising from circumstances that occurred or were known before the policy’s inception date. Insurers should exercise care in drafting prior exclusion clauses to ensure clarity and precision. Ambiguities in these clauses can lead to disputes […]
January 13 2025
Lessons from the U.S.: Claims-Made Policies and the Importance of Objective Policy Terms Over Subjective Beliefs or Assurances
Can a professional services firm rely on a client’s assurance that they will not pursue legal action to avoid notifying its claims-made professional liability insurer of a potential claim arising from an alleged omission? This question is particularly significant in the context of claims-made professional liability insurance, where the insured’s duty to disclose any potential […]
January 07 2025
Litigation: Pensioner’s Battle: Winning the Argument, Losing the Case
Introduction On 29 November 2024, the Johannesburg High Court delivered judgment in a delictual case where the Plaintiff, a lessee on the Defendant’s premises, sued the Defendant after a gate fell on her. The significance of this judgment is highlighted below. Brief Facts The Plaintiff sustained injuries in August 2020 when a malfunctioning gate fell […]
December 23 2024
One Call, Millions Saved: The Surge of Cyber Law Cases
Introduction The Western Cape High Court recently delivered judgment in yet another cybercrime incident. These cases have been growing rapidly, signalling a surge in cybercriminal activities. One might have expected a decline in such incidents, given the legal precedents addressing them, but this has not been the case. Facts The parties involved in the case […]
December 20 2024
Festive Breaks vs. Legal Deadlines: Can Postponements Deliver Justice?
Like in many countries, during the festive season in South Africa, most activities come to a near standstill, including the operations of the courts. The Rules of Court recognise dies non (days on which the courts do not sit). Although the exact dates may vary each year, dies non typically extends from the 16th of […]
December 18 2024
Awareness of Fraudulent Communications
We have recently been made aware of individuals attempting to impersonate partners of Adams & Adams via email, particularly from the domain adamsafrica.org in an effort to mislead or defraud clients and the public. Please be advised that these individuals do not represent our firm. We are actively taking steps to identify and disable any […]
December 17 2024
Home For Christmas
Most family law practitioners will tell you that December truly is silly season! We are usually tasked with planning family holidays for Christmas, to ensure that children are able to spend time with their families, as we all wish to do. For one family, this was incredibly important. Joy*, a four-year-old little girl was sexually […]
December 17 2024
Dealing with trade mark infringements on third party websites
We currently live in the internet age, an age where a great deal of economic activity is conducted online. Nowadays, most businesses have some form of online presence in the form of websites. This is generally considered the easiest way to reach a wider audience and reach more prospective consumers. The downside, of course, is […]
December 13 2024
48th Session of the ARIPO Administrative Council
Lesotho played host to this year’s annual Session of the ARIPO Administrative Council, which took place from 28 October 2024 to 1 November 2024. The Session was officially opened by the Minister of Law and Justice, Honourable Richard Ramoeletsi and focused on how IP can be used to drive economic growth and innovation, as well […]
December 10 2024
Combatting counterfeit goods in the e-commerce world
In recent years, we have witnessed explosive growth of online marketplaces and the increasing prevalence of e-commerce businesses. As businesses adapt—albeit slowly—to the modern consumer who prefers purchasing products from the comfort of their couch, there is a parallel rise in the sophistication of scams and fraud aimed at exploiting this shift. Platforms like Facebook […]
December 10 2024
The Road Accident Fund’s exclusion of illegal foreigners
The Road Accident Fund has a statutory obligation in terms of section 17(1) of the Road Accident Fund Act to “ compensate any person (the third party) for any loss or damage which the third party has suffered as a result of any bodily injury to himself or herself or the death of or any […]
December 10 2024
Court Rules: Public Liability Insurance Is Not a Free Pass for Careless Behaviour
Introduction Recently, the Johannesburg High Court dismissed a personal injury case against an institution, finding no evidence of negligence or wrongdoing on its part. In recent years, South Africa has witnessed a growing trend of litigation, with an increasing number of lawsuits being filed—even in cases where the objective facts do not justify legal action. […]
December 09 2024
Arusha Protocol for the Protection of New Varieties of Plants comes into force
On 24 November 2024 the Arusha Protocol finally came into force, almost 10 years after it was first adopted in Arusha, Tanzania on 6 July 2015. The Protocol aims to create a harmonised system across contracting ARIPO member states for the protection of plant variety rights (PVR’s), enabling applicants to apply for protection with the […]
December 09 2024
Liberia National Police shifts focus to the enforcement of IP rights
The sad reality is that in many African countries, access to cheap goods is often prioritised over products’ origin and, as a result, counterfeit goods have gained an enormous foothold in the continent. Unfortunately, the failure of local governments to address this, has the devastating effect of undermining IP laws and ultimately making countries less […]
December 09 2024
IP Labs 2.0 inspires green innovation
The World Intellectual Property Organisation (WIPO) Nigeria Office has partnered with the Japan Patent Office to create two initiatives aimed at promoting sustainable development in Nigeria and to encourage innovation. The IP Labs 2.0 and IP for Green Innovation projects were launched early in November 2024 and seek to provide intellectual property tools and knowledge […]
December 09 2024
OAPI championing initiatives for food security in Africa
OAPI brought together over thirty national decision makers and key role players from the agricultural sector at a national workshop held from 4 to 6 November 2024 in N’Djamena, Chad. Aimed at establishing guidelines for the creation, protection and enhancement of new plant varieties in Chad, the workshop was opened by the Chadian Minister of […]
December 09 2024
OAPI leads the way in global design protection strategies
From 11 November 2024 to 22 November 2024 the WIPO Diplomatic Conference took place in Riyadh, with the focus being the adoption of the Design Law Treaty (DLT). Over 1000 delegates from across the world met with the view of implementing this ambitious project aimed at simplifying and harmonising the enforcement of design protection across […]
December 09 2024
Senegalese Customs seizes counterfeit medicines in excess of 500 million CFA Francs
The Senegalese Customs Service executed a series of search and seizure operations during mid-November, forming part of a nation-wide strategy to address the distribution and sale of counterfeit narcotics and medicines. An estimated 400 kilograms of Indian Hemp, valued at 48 million CFA Francs, was seized in Keur Ayip, a village located on the border […]
December 09 2024