INSURANCE

Facts On 10 April 2016, the Plaintiff was admitted to a private hospital complaining of pain in her left knee. Unbeknown to anyone at the time, the Plaintiff had suffered a ruptured aneurysm in her popliteal artery, resulting in limited blood flow to her lower left leg. The rupture went untreated for a critical period, […]

INTRODUCTION In a recent Johannesburg High Court judgment, the plaintiff, Karanie, instituted action against the life insurer, the defendant, in December 2012 for payment of benefits allegedly due under a life insurance policy. The Defendant defended the action and filed a counterclaim to recover payments already paid under the policy. The matter was then enrolled […]

Practitioners appearing in full court appeals have long worked on the assumption that Rule 49(13) of the Uniform Rules applies whenever an appeal is directed to the full court of a division of the High Court – regardless of who granted leave. That assumption has now been tested and found wanting. In Koopman v Minister […]

Introduction On the night of 13 October 2014, two Grade 12 learners— B, aged 18, and O, aged 17 — drowned while attending a school revision camp. The camp had been organised to assist learners in their Matric examination preparation, and no provision had been made for swimming. Learners were expressly and repeatedly instructed not […]

Private bodies – such as hospitals, medical practices, banks and everyday employers – regularly receive requests for access to information under the Promotion of Access to Information Act 2 of 2000 (“PAIA”). Many recipients assume they have no choice but to comply with every request placed before them. That assumption is wrong. A recent High […]

Introduction A recent judgment of the Mahikeng High Court serves as a stark reminder that a change in the legal foundation of a claim — from contract to delict — is not merely a technical adjustment. It constitutes the introduction of a new cause of action and, consequently, a new debt for the purposes of […]

Claims for damages arising from injuries on public infrastructure are a regular feature of South African litigation. What is frequently underestimated, however, is the demanding role that foreseeability plays in limiting such claims. A recent High Court judgement from the Western Cape Division, delivered on 10 March 2026 per Janisch AJ, provides a sobering illustration […]

Claims for damages arising from emotional shock are often pursued without a full appreciation of the legal requirements that must be satisfied for success. One requirement in particular is frequently overlooked: the plaintiff must prove, through expert psychiatric evidence, that they have suffered a detectable psychiatric injury as opposed to mere emotional distress. The recent […]

Adams Adams Africa · Insurance