In the Spotlight: JSE Censure Decision Under Scrutiny

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 […]

Commercial LitigationInsurance LawJean-Paul Rudd

The Ticking Clock of Justice: Understanding Prescription in Medical Malpractice Claims

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 […]

Commercial LitigationJean-Paul RuddMedical Malpractice

Navigating Risks and Seizing Opportunities: The Transition to a Green Economy

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 […]

Commercial LitigationInsurance LawJean-Paul Rudd

The Tshela Health Care Case: Challenging the Notion of Immunity for Principals in Medical Malpractice Cases

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 […]

Commercial LitigationJean-Paul RuddLitigationMedical Malpractice

Court Upholds Exceptions: Auditor and Compliance Officer Cleared in Lawsuit Instituted Against Intermediary and Statutory Officers.

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 […]

Commercial LitigationInsurance LawJean-Paul Rudd

Insurance and Compliance: The Importance of Certificates of Compliance for Solar Systems and Inverters in South Africa

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 […]

Commercial LitigationInsurance LawJean-Paul Rudd

The Cybersecurity Challenge: How Businesses Can Safeguard Themselves Against the Evolving Threats of Cybercrime.

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 […]

Adams NewsJean-Paul Rudd

Shield Yourself: The Vital Role of Professional Indemnity Insurance in Today’s Litigious Landscape

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, […]

Commercial LitigationInsurance LawJean-Paul Rudd


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 […]

Commercial LitigationInsurance LawJean-Paul RuddLitigation

Policyholders who fail to perform regular maintenance risk their insurance claims being rejected Author JP Rudd

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 […]

Commercial LitigationInsurance LawJean-Paul RuddLitigation