Jean-Paul Rudd

Construction adjudication is often treated as interim, with arbitration or litigation waiting as the final forum. In a judgement delivered by the Eastern Cape Division, Makhanda on 30 April 2026, Krüger AJ warned that this assumption is only as good as the contract: adjudication is as provisional, revisable, or arbitral as the agreement provides. Where […]

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 […]

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 […]

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 against estate agents for latent defects discovered after the purchase of immovable property are frequently pursued without a full appreciation of the legal requirements that must be satisfied for success. One requirement in particular is often overlooked: the estate agent’s duty of disclosure extends only to material facts within their personal knowledge, and there […]

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 […]

In the realm of business rescue, where financially distressed companies are given an opportunity for rehabilitation, a critical question arises: when does the conduct of a business rescue practitioner cross the threshold from mere error or misjudgement into personal liability for the company’s debts? The recent Supreme Court of Appeal judgement in Africa Agriculture and […]

In an age where professional accountability is paramount to public protection, a pressing question emerges: can a registered professional escape disciplinary proceedings simply by cancelling their registration? The recent case of Pienaar v Engineering Council of South Africa and Others provides a definitive answer to this question, examining the interplay between voluntary deregistration and ongoing […]

Can shareholders, directors, or key persons step into the ring when the regulator strikes at a company — or has the Tribunal finally closed that door? A recent decision of the Financial Services Tribunal raises a pointed question for regulated entities and individuals alike: who, in law, is entitled to approach the Tribunal to challenge […]

The U.S. District Court for the District of Delaware has recently held that a prior notice exclusion barred cover for securities and derivative actions that were meaningfully linked to circumstances disclosed years earlier in a letter to the insured’s audit committee. The court concluded the later suits “arose out of” the same alleged accounting improprieties […]

A U.S. district court in Illinois has recently held that a commercial general liability policy’s “access or disclosure of confidential or personal information” exclusion defeated cover for a class action alleging the retention and use of facial‑recognition data. The court concluded that biometric information derived from facial geometry falls within “confidential or personal information”, and […]

A U.S. federal court, applying California law, has recently held that a financial services firm had no cover under its professional liability policy for a client’s claim because the alleged misconduct was part of a single, interrelated course of conduct that began before the policy incepted. The court also found, independently, that cover failed because […]

The Eleventh Circuit has confirmed that an insured’s failure to give prompt notice of a pollution condition—despite reporting within the policy period—can defeat coverage under a claims‑made policy where the insured cannot overcome the presumption of prejudice to the insurer under the law of the state in which the dispute arose. In many other US […]

A recent decision of the Financial Services Tribunal underscores a crucial distinction in pension law — the jurisdictional boundary between approved and unapproved benefits. The ruling confirms that the Pension Funds Adjudicator (PFA) has no authority to investigate complaints arising from employer-held, unapproved disability policies, even when such benefits are linked to a registered fund. […]

In ISMIE Mutual Insurance Co. v. Pergament, an Illinois appellate court reaffirmed a core principle of professional liability insurance: indemnity is not triggered unless the insured becomes legally obligated to pay damages. The court held that where a doctor assigned his policy rights to a claimant but was expressly relieved of any payment obligation, the […]

A recent decision from the United States District Court for the Southern District of California, in the matter between Del Mar Woods v. Philadelphia Indemnity Insurance Co., 2025 WL 1798300 (S.D. Cal. June 27, 2025), provides guidance on the interpretation of “Claim” under claims-made insurance policies and highlights the limits of what may constitute a […]

A recent decision from the Appellate Court of Illinois, in the matter between Monroy-Perez v. Sentry Select Insurance Co., 2025 IL App (1st) 241711, serves as a stark warning to insurers regarding the consequences of withholding policy information from insureds. The court held that an insurer may be estopped from raising coverage defences, including limitations […]

A recent decision from the United States Court of Appeals for the Seventh Circuit, in the matter between Hammond Power Solutions Inc. v. National Union Fire Insurance Co. (2025), provides important guidance on the interpretation of exclusions in commercial general liability (CGL) policies—particularly those relating to radiation. The ruling confirms that a broadly worded exclusion […]

The recent decision in Gideon Pieter van Zyl v Kobie Spangenberg en Genote (Pty) Ltd by the Financial Services Tribunal (“the Tribunal”) highlights the critical importance of compliance with the procedural safeguards under section 14 of the Financial Advisory and Intermediary Services Act 37 of 2002 (“FAIS Act”) when effecting a debarment. The case underscores […]

Directors’ and officers’ liability (D&O) insurance is a critical risk management tool for companies and their leadership, providing protection against claims arising from alleged wrongful acts in the management of the company. However, the scope of coverage under such policies is often the subject of dispute, particularly when regulatory investigations are involved. A recent decision […]

A recent judgement by the United States District Court for the District of Connecticut offers important guidance for both policyholders and insurers on the significance of adhering to post-loss obligations under an insurance policy. Factual Background In this matter, the insured acquired a residential property and arranged property insurance. Shortly after the policy commenced, the […]

A Georgia-based contractor specialising in cooling system installations was sued after a maintenance worker died from exposure to leaking refrigerant gas at a facility where the contractor had installed the cooling system. The worker’s family pursued a wrongful death claim against the contractor, who in turn sought indemnity from its liability insurers. The insurers refused […]

The United States District Court for the Eastern District of Pennsylvania has recently held that a letter notifying the insured of the sender’s intent to institute a third-party joinder against it constituted a Claim under the insured’s claims-made professional liability insurance policy. Factual Background and Policy Context The insured healthcare staffing agency provided staff to […]

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 […]

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 […]

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 […]

Introduction The recent High Court judgement in Cadac Pension Fund and Others v Nash and Others (Gauteng Division, Johannesburg, 16 April 2025) offers important guidance on the role of interim interdicts in pension fund disputes — particularly where issues of curatorship, member entitlements, and alleged fund mismanagement are concerned. The case deals with a pension […]

Introduction South Africa boasts a vibrant running culture, with a wide array of organised races held throughout the year. The organisation of these events varies significantly; some races ensure that runners are shielded from spectators and the public, while others allow for potential interaction between runners and the public. The recent Supreme Court of Appeal […]

Introduction In the realm of delictual claims, the concept of foreseeability of damages is both fundamental and frequently underestimated. Plaintiffs often focus on the harm suffered and the apparent negligence of the defendant, but delictual liability requires a more nuanced assessment—particularly of whether the harm was reasonably foreseeable. Foreseeability plays a pivotal role in evaluating […]

In the construction industry, it is common to encounter a principal building contract between the employer and the main contractor, alongside a subcontract between the main contractor and its subcontractor. A pertinent question arises: does the employer have any recourse against the subcontractor if the employer is held liable for the actions of the subcontractor, […]

Claims-made policies often require that policyholders notify their insurer promptly or as soon as practicably possible after an incident that may give rise to a claim. This requirement exists primarily to allow insurers to investigate potential claims while evidence is still fresh. Prompt notice helps ensure that key details and documentation are secured, which is […]

Pension fund contributions are not discretionary payments; they are statutory obligations. Employers who fail to comply with these requirements not only prejudice their employees but also risk significant legal consequences. This principle was recently reinforced in Engineering Industries Pension Fund & Metal Industries Provident Fund v Installair (Pty) Ltd & Others.   The Issue at Hand  […]

In an era where privacy concerns are at the forefront of legal and societal discourse, the question arises: is the surveillance of individuals permissible? The recent case of De Jager v Netcare Limited provides a compelling examination of this issue, balancing the right to privacy against the public interest in discovering the truth. This article […]

The primary purpose of building insurance is to protect property owners from financial losses due to damage to their buildings.  Buildings can be damaged from a variety of events, including fires, storms, floods, and earthquakes, each posing unique risks and challenges.  Exclusions and Their Impacts  Policyholders and brokers acting on their behalf must apprise themselves […]

The interpretation of what constitutes a claim under a claims-made policy is often a contentious issue. Ambiguities in policy wording frequently lead to disagreements between policyholders and insurers over whether specific events or circumstances trigger coverage. Frequently, policyholders fail to understand what qualifies as a claim under their policy. This misunderstanding often results in insurers […]

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 […]

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 […]

Disputes often arise between insurers and policyholders regarding the value of insured property. Some of these disputes are resolved with little difficulty, as the value can be relatively easily established. For example, in cases where a storm causes partial damage to a home and its contents, the insured property remains assessable. However, other disputes are […]

Directors and Officers (D&O) insurance policies often exclude claims arising from actual or alleged contractual liability. These exclusions typically prevent coverage when the company or an insured person is sued for breaching a contract or failing to fulfil contractual obligations. This is because D&O policies are designed to cover wrongful acts related to executive actions […]

The High Court of South Africa, Gauteng Division, Pretoria, was recently called upon to decide on a claim based on interim payment certificates from a building contract between the applicant, a construction company, and the respondent, a shopping centre. Under the building contract, the applicant was contracted to build a shopping centre in Montana, Pretoria. […]

Once regarded as unlawful for being against public policy and therefore unenforceable, restraint of trade clauses are now a common feature in employment contracts. The High Court of South Africa, Gauteng Division, Pretoria, was recently called upon to enforce a restraint of trade agreement between the applicant and the first respondent, its erstwhile employee, as […]

Often, more than one Defendant is sued for damages that a Plaintiff has sustained, whether jointly or in the alternative. Uniform Rule 13 allows a Defendant to issue a third-party notice against another Defendant where the former believes it is, in law, entitled to a contribution or indemnification from the latter. This scenario unfolded in […]

Dishonest conduct by representatives of financial service providers (“FSPs”) continues to plague the sector. This is evident from an analysis of the most recent rulings of the Financial Services Tribunal, where a substantial proportion of the rulings pertain to reconsideration applications, challenging FSPs’ decisions to debar their former representatives. Are these simply the actions of […]

In today’s fast-paced digital world, legislation often struggles to keep up with the rapid advancements in technology. An example of such legislation is the Justices of the Peace and Commissioners of Oaths Act, 16 of 1963 (“the Act”). The Act requires that oaths be administered in the presence of a commissioner of oaths. Is this […]

A judgment from the High Court of South Africa, Eastern Cape Division, Mthatha, serves as a timely reminder that a lien (right of retention) can be defeated by providing adequate security for the debt alleged to be due. On 7 March 2023, the insured was involved in a collision on the road between Port St […]

A judgment from the High Court of South Africa, Eastern Cape Division, Bisho, serves as a timely reminder for legal practitioners to diligently consult the rules of court before instituting proceedings to avoid the pitfalls that may arise from failing to follow a rule correctly. The applicant sued the first and second respondents, seeking damages […]

Restraint of trade agreements safeguard businesses by legally preventing employees from joining competitors, thus protecting businesses’ proprietary information and maintaining their competitive advantage. In an urgent application seeking to enforce a restraint of trade agreement, recently before the Labour Court of South Africa, Johannesburg, an insurance brokerage firm made the fatal error of failing to […]

A judgment stemming from the High Court of South Africa, Limpopo Division, Polokwane serves as a timely reminder that a “without prejudice” offer, if not drafted or approached properly, can interrupt the prescription of a claim. Facts of the case The plaintiff instituted action against the defendant for the injuries she suffered from a helicopter […]

Attorneys representing plaintiffs should take note of a judgement recently handed down in the High Court of South Africa, Gauteng Division, Johannesburg. Two unemployed plaintiffs instituted action against the Minister of Police, Minister of Justice and Correctional Services, and the National Director of Public Prosecutions, each claiming R5,000,000.00 for their alleged unlawful arrest and malicious […]

Policyholders and insurers alike should take note of a judgement recently handed down in the High Court of South Africa, Gauteng Division, Johannesburg. The case concerned a claim for specific performance in terms of a life insurance policy. The policyholder lodged a claim with his insurer through its authorised agent on or about 27 September […]

An appeal serving before a full bench in the High Court of South Africa, Gauteng Division, Pretoria has recently shed light on whether a midstream review of proceedings conducted at an investigative stage is permissible. The appeal stemmed from a ruling by a single judge in the same division that an investigation conducted at the […]

On 5 September 2023, a noteworthy legal judgement emerged from the Gauteng Division of the High Court of South Africa, situated in Johannesburg. The case centered around an individual sanctioned by the Johannesburg Stock Exchange (“JSE”) for transgressing various provisions of the JSE’s Listing Requirements. Aggrieved by the sanction imposed, the individual applied, under section […]

Prescription refers to the extinguishment of a legal claim or the loss of a right to take legal action due to the passage of time. The purpose behind prescription is to promote legal certainty, avoid stale claims, and provide a fair and just resolution to disputes. Prescription periods are set out in various laws and […]

The global business community is undergoing a transition towards a green economy driven by a shared recognition of the urgent need to address climate change, protect natural resources, and promote sustainable development. As businesses in South Africa and elsewhere adopt sustainable practices and environmentally conscious strategies, they can expect to encounter two categories of risks […]

It is trite law that a principal cannot be held civilly liable for the wrongs committed by an independent contractor unless the principal is personally at fault. The legal position is less clear when the independence of an alleged independent contractor is called into question, as is often the case with medical malpractice cases involving […]

A few years ago, several well-known short-term insurance companies took legal action against an intermediary company due to the damages they incurred as a result of the intermediary’s collapse. The intermediary, presently in liquidation, was responsible for the collecting and accounting of premiums owed to the insurers. Surprisingly or some might even contend strangely, the […]

Insurance policies often contain a standard clause requiring policyholders to comply with the laws of the country where the policy is issued. The intention behind the clause is to ensure that policyholders act in a lawful manner. Failure to comply may lead to policy exclusions or the denial of claims. With the current energy crisis […]

Businesses across the spectrum are increasingly making use of the services of technology to manage their operations more efficiently. Unfortunately, this has led to a significant rise in cybercrime which is regarded by many as the fastest growing criminal activity around the world. Types of cyber threats The cyber threats faced by businesses are continuously […]

Litigation in South Africa has risen tremendously over the years with more and more individuals and organizations seeking redress through our courts. The increase in litigation can largely be ascribed to: Improved access to justice through initiatives, such as the Small Claims Court, Legal Aid South Africa, and the various industry Ombuds. Consumer friendly legislation, […]

Non-disclosures by policyholders are rife within the long-term insurance industry. A non-disclosure can be committed fraudulently, innocently, or negligently. In any respect, the non-disclosure needs to have been material and must have induced an insurer into entering a contract of insurance to warrant the contract being avoided (cancelled). The test for materiality is an objective […]

Insurance policies often contain clauses requiring policyholders to take reasonable steps to maintain an insured object. The reason therefore is quite simple – the purpose of insurance is to protect policyholders against unforeseen events, not to compensate them for wear, and tear. A policyholder’s failure to maintain an insured object may result in any claim […]

The Ombudsman for Short Term insurance has ruled that an adventure resort’s insurer is liable to indemnify it against a claim brought by one of its patrons. On 19 January 2019, a patron sustained severe burns when hot oil from one of the resort’s quad bikes spilled onto the patron’s legs. The patron immediately demanded […]

During May 2015, a fire broke out on farm owned by Normandien Farms (Pty) Ltd (“Normandien”), causing extensive damage to a plantation which was insured by Safire Crop Protection Co-operative Limited (“Safire”). Normandien subsequently lodged a claim with Safire who in turn rejected the claim. The reason for their rejection was twofold; firstly, Safire believed […]

Our client, a successful medical practitioner, suffered a cardiac arrest (“the event”) following a routine procedure to remove a mass from his kidney. Pursuant to the event, our client was placed on a ventilator for months, resulting in him not being able to speak post being weaned off the ventilator. In addition, our client suffered […]

Many insured consumers may be in for a nasty surprise for wrongly believing that they enjoy blanket cover from their insurer. The reality is however that their cover is limited to that specifically agreed with their insurer. The cover usually relates only to physical damage sustained to an insured object, meaning that, unless otherwise agreed, […]

A large insurance company’s application to rescind a court order, granted by default, was dismissed with costs in the High Court of South Africa, Gauteng Division, Pretoria. The insurer, in exchange for monthly premiums to be paid by the insured, agreed to indemnify the insured for loss or damage. The insured’s motor vehicle was subsequently […]

A few media houses have recently reported that Mr. Erlo Goshai, a Cape Town motorist, has warned motorists to “read the fine print when entering into contracts with their insurance company to make sure they are adequately covered”. According to the reports, Goshai was driving along Marine Drive and was in the process of turning […]

Consumers procure insurance for many reasons. One of the reasons is to protect themselves from their own actions. Negligence v recklessness Some actions enjoy cover under insurance policies whilst others don’t. For example, negligent actions are usually covered whilst reckless actions are usually not. Negligence can colloquially be defined as failing to act reasonably which […]

Thousands of consumers make use of the services of a broker, to procure insurance from an insurance company. In such instances, two separate agreements come into existence.[1]The first is between the consumer and the broker and the second is between the consumer and the insurance company (represented by the broker). While both agreements involve the […]

Insurance provides cover for losses arising from insured events which may happen in the future. Against an agreed premium, the risk of an insured event arising is transferred from the insured to the insurer. In practice, insured events triggering insurance policies to respond are not always clear-cut. This is largely due to the complex wording […]

Dog 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. Who is liable for the injuries sustained from a dog bite or from other domesticated animals? ACTIO DE PAUPERIE For liability (to succeed with an action) under the actio […]

The events of the past two years, from the COVID-19 pandemic to the recent riots, have underlined the critical importance of business insurance. Unfortunately, there are no guarantees that your business insurance claim will be settled and not repudiated. Although an insurer has the right to protect its interests when handling your insurance claim, your […]

The wait is finally over! South Africa’s vaccination roll-out plan is expected to go into overdrive shortly. However, in recent weeks it has been widely reported in the media that people have experienced severe side-effects, ranging from allergic reactions to blood clots, after receiving Covid-19 vaccines. Legal Position Elsewhere But who is to blame if […]

When it comes to personal injury litigation, one of the most common tactics used by defendants is to attempt to delay the process through exceptions which are increasingly ill founded. Let us face it: most of the doctors and hospitals sued for personal injury claims are insured. These insurance companies are civil litigation veterans. They […]

The High Court in Pretoria has ruled that Gauteng’s current Health MEC, Dr Gwen Ramokgopa, must pay for all damages sustained as a result of a local rugby league player’s death at the Steve Biko Hospital.

Unfortunately incidents where it can be shown that medical professionals have neglected their legal obligation and are negligent are becoming commonplace. So what steps should you take if you, or a loved one, find yourself in a similar position?