State procurement has been in a state of flux over the last three years following a number of developments in the enforceability of the legal framework.  State procurement is regulated in terms of the Preferential Procurement Policy Framework Act, 2000 (PPPFA).  Since coming into effect on 20 January 2017, the Preferential Procurement Regulations, 2017 have set out the methodology for scoring bids and tenders. The preference point system allocated 80 or 90 points to price,…

In this High Court of Justice judgment, the court declined to permit two members of the pension scheme to bring a derivative claim against the Universities Superannuation Scheme and the directors of its corporate trustee. Derivative claims are made when those with interest in the company, usually shareholders, bring a lawsuit against directors for alleged wrongdoing.  The claimants sought to argue that the trustee breached their fiduciary duties by failing to come up with…

This no-fault compensation scheme previously discussed here, has now amended regulations and directions published on the 4th April 2022, available here. The purpose of the Scheme is to provide expeditious and easy access to compensation for persons who suffer from a Covid-19 Vaccine Injury caused by the administration of an improved Covid-19 vaccine. Injuries covered are serious injuries referred to in Regulation 93.1(1) and (3). The serious injury must have been caused by…

In this recent judgement, the UK High Court dealt with a dispute relating to the policy’s denial of access non-damage clause which provided cover for loss “resulting from interruption or interference with the business where access to or premises is restricted or hindered for more than the franchised period shown in your schedule arising directly from …. the actions taken by the police or any other statutory body in response to a danger or disturbance…

The buzz about the Internet of Things of a few years ago has died down but the cyber world and its things are becoming increasingly interconnected.  When considering insuring cyber risks, insurers must remember it is not only IT (Information Technology) but also OT (Operational Technology) that needs to be evaluated.  Hackers know better than anyone what a nice target things can be, especially with hacking becoming an instrument of war. Therefore covered cyber risks…

This blog was authored by: Michael Balie, associate On 11 June 2021, South Africa’s landscape regarding mandatory vaccination in the workplace changed with the publishing of the Consolidated Directions on Occupational Health and Safety in certain workplaces (the Directive). This Directive led to wide debate on an employer’s ability to mandate employees to receive the Covid-19 vaccine. Employers potentially face reputational and financial consequences if an employee’s objection on medical or Constitutional grounds is upheld.…

While this Ohio Appellate Court judgment found that the insured did not suffer direct physical loss or damage so as to warrant coverage, it also considered the application of the virus exclusion in the policy The exclusion reads:  “We will not pay for loss or damage caused directly or indirectly by any of the following. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence…