South Africa: Trials & Appeals & Compensation

Business Rescue Practitioners in South Africa wield significant powers over distressed companies, but when does their conduct cross the line into personal liability? Explore the legal boundaries between commercial judgment and gross negligence, and discover how recent case law protects practitioners acting in good faith while holding accountable those who act recklessly or fraudulently.

A private hospital patient's leg amputation following an untreated ruptured aneurysm led to complex medical negligence litigation involving multiple defendants. When the plaintiff's legal team delayed suing a key physician based on a strategic decision to pursue vicarious liability, the court had to determine whether the claim had prescribed under South Africa's three-year limitation period.

A Johannesburg High Court recently dismissed a plaintiff's insurance claim after more than thirteen years of inordinate delay and failure to prosecute.

Claims for damages arising from emotional shock are often pursued without a full appreciation of the legal requirements that must be satisfied for success.

In Phethogo Consulting (Pty) Ltd v Mangaung Metropolitan Municipality, the Free State Division of the High Court of South Africa was called upon to adjudicate...

An employee drinks an energy drink before work. A breathalyser test returns a positive alcohol reading. The employer applies its zero-tolerance policy and dismisses. Months later, the employee is reinstated with back pay.

When a judge confronts perceived irregularities in settled litigation, how far may the judge go without crossing the line into professional misconduct?

The Eastern Cape Division of the High Court recently delivered a judgment in Bergsig Special School v MEC: Education on the interface between unjust enrichment claims...

The Western Cape High Court recently delivered a judgment in a default judgment application that stems from a defamation matter instituted by Rosemary Ryan ("Ms Ryan") against the Hyatt Regency Cape Town hotel...