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RAF Claims for pedestrians injured or killed in road accidents

04 September 2019

The Road Accident Fund (RAF) was established to compensate victims of road accidents in South Africa, including pedestrians and their families. An alarming percentage of people who are injured or die on South African roads are pedestrians, with Arrive Alive putting this figure at 35 to 40% of all road accident victims.

Think twice before rejecting a Calderbank offer

26 August 2019

In May 2019 the Bloemfontein High Court confirmed that a secret offer which is made by any party to a damages claim (including the plaintiff) to save costs will affect the costs order. Such an offer is known as a Calderbank offer with origins in English law and similar principles apply in the South African legal context.

South Africans soon to be forced to consider mediation before turning to courts

20 August 2019

The Rules Board for Courts of Law has issued a draft rule proposing a new Rule that will compel South Africans to declare that they have considered mediation as a solution to any forthcoming legal matter and, if not, the court itself is obligated to manage cases effectively and recommend mediation as a dispute resolution if it deems it appropriate.

Warranty and indemnity insurance in South Africa’s M&A environment

15 August 2019

Warranty and indemnity (W&I) insurance provides cover for losses arising from a breach of a warranty and claims under a tax indemnity arising from a merger or acquisition (M&A) contract. Over the past few years, this insurance product has matured with buyers gaining a better understanding of the benefits and how the product works.

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Question

The strongest deterrent against FSP compliance missteps is or should be:

Answer

A criminal conviction Debarment Fine or penalty Any of the above can work

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