Litigation
3 August 2026
A Disclaimer Is Only as Good as Its Signature: The SCA on Exemption Clauses, Agency and the CPA in Tourvest Holdings v Murti
A signature obtained from the wrong person creates no contract. The Supreme Court of Appeal considers exemption clauses, authority between partners, and the notice standards the Consumer Protection Act demands of operators running activities that carry real risk.
21 January 2026
A cession is only as good as the notice behind it
A bank took cession of a borrower's insurance rights as security, then lost the proceeds when the insurer settled with the borrower. Stannic v Samib is a sharp reminder that a security cession only binds those who actually know about it.
1 November 2025
Beware of this CSOS Appeal Pitfall
In Hanekom N O and Others v Nuwekloof Private Game Reserve Farm Owners Association a trust referred a levy dispute with a Homeowners' Association ("the HOA") to the Community Schemes Ombud Service
1 May 2025
Do you know the difference between a contract and an agreement?
It is said that all contracts are agreements but not all agreements are contracts. In business we tend to use the terms ‘agreement' and ‘contract' interchangeably, which is fine most of
1 April 2025
Credibility Wins Cases: Lessons from Rippel v ABSA Brokers
As a young attorney, I had the privilege of acting as attorney of record for ABSA Brokers in Rippel v ABSA Brokers (Pty) Ltd (3198/2009) [2009] ZAKZDHC 49 (30 October 2009). The case serves as an
1 February 2025
George Building Collapse: Investigation Reports are expected in January 2025
The incident On 6 May 2024, a building that would be known as the 74 Victoria Apartments catastrophically collapsed in George, resulting in the tragic death of 34 persons and serious injury to many
15 January 2025
Mediation as ADR
Mediation is an alternative form of dispute resolution where an independent third party (called a mediator) facilitates a settlement between the parties. The process is voluntary meaning that it