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Civil Procedure [2024] ZAGPPHC 261

E.C.C obo J.V v MEC for Education, Gauteng Province (36071/19)

E.C.C obo J.V v MEC for Education, Gauteng Province (36071/19) [2024] ZAGPPHC 261 (18 March 2024)

The plaintiff achieved substantial success as the insurer conceded liability for the incident based on the school's sole negligence. Although the plaintiff did not follow up with the school after emigrating, the school and defendant also failed to pursue the insurance claim or communicate with the plaintiff, contributing to unnecessary litigation and costs. The insurance contract was between the school and insurer, and the plaintiff was not obliged to join the insurer. The defendant's substantive defences increased the plaintiff's costs. In the circumstances, the plaintiff is entitled to 90%…

  • School Liability
  • Public Liability Insurance
  • Costs Award
  • Duty Of Care To Minors
  • Quantum Of Damages
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