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South Africa Case Law

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Civil Procedure [2024] ZAGPPHC 881

Sayed N.O v Road Accident Fund (34250/2020)

Sayed N.O v Road Accident Fund (34250/2020) [2024] ZAGPPHC 881 (5 September 2024)

The High Court awarded a minor damages for future loss of earnings after finding cognitive and scholastic decline linked to accident-related trauma.

  • Road Accident Fund Act
  • Future Loss Of Earnings
  • Contingency Deductions
  • Curatorship
  • Trust Creation For Minor
  • Road-accident-fund
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Delict [2024] ZAGPJHC 184

A.M obo V.M v Road Accident Fund (2018-29269)

A.M obo V.M v Road Accident Fund (2018-29269) [2024] ZAGPJHC 184 (27 February 2024)

High Court decision on a minor’s future loss of earnings after a brain injury, increasing the contingency differential to 10% and awarding damages with trust protections.

  • Road Accident Fund Act
  • Loss Of Earnings
  • Contingency Deduction
  • Future Medical Expenses
  • Trust Creation For Minor
  • Quantification Of Damages
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Civil Procedure [2022] ZAGPPHC 413

N.E.K v E.B.L and Another (64416/2009)

N.E.K v E.B.L and Another (64416/2009) [2022] ZAGPPHC 413 (15 June 2022)

The High Court noted withdrawal of an interdict application and ordered the applicant to pay costs on the attorney-and-client scale, including the curator's costs.

  • Withdrawal Of Application
  • Costs Order
  • Curator Ad Litem
  • Trust Creation For Minor
  • Costs-order
  • Withdrawal-of-application
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Delict [2020] ZAGPJHC 273

Kriel NO obo S v Member of the Executive Council for Health, Gauteng Provincial Government (9407/2017)

Kriel NO obo S v Member of the Executive Council for Health, Gauteng Provincial Government (9407/2017) [2020] ZAGPJHC 273 (4 November 2020)

Medical-negligence damages quantified for a child with cerebral palsy: the court set general damages at R2 million and future loss of income at R4.107 million.

  • Medical Negligence
  • Quantification Of General Damages
  • Loss Of Earning Capacity
  • Contingency Deduction
  • Trust Creation For Minor
  • Interest On Awards
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Civil Procedure [2018] ZAGPJHC 63

N C OBO N Z v Road Accident Fund (26302/15)

N C OBO N Z v Road Accident Fund (26302/15) [2018] ZAGPJHC 63 (4 April 2018)

High Court Road Accident Fund damages case on a minor’s future loss of income, with a 30% contingency applied and judgment for R708,249.00.

  • Road Accident Fund Act
  • Loss Of Earning Capacity
  • Contingency Deductions
  • Future Medical Expenses
  • Trust Creation For Minor
  • Road-accident-fund
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Family And Children [2015] ZAFSHC 247

V v V and Another (3775/2015)

V v V and Another (3775/2015) [2015] ZAFSHC 247 (10 December 2015)

The High Court amended a divorce settlement to redirect pension-linked accrual money and deleted a trust clause; a strike-out application was dismissed.

  • Variation Of Divorce Order
  • Best Interests Of Child
  • Striking Out Scandalous Matter
  • Clean Break Principle
  • Trust Creation For Minor
  • Accrual System
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Delict [2015] ZAGPPHC 1123

DEM obo K.O.M v Member of the Executive of Department of Health, North West Province (27605/2015)

DEM obo K.O.M v Member of the Executive of Department of Health, North West Province (27605/2015) [2015] ZAGPPHC 1123 (5 June 2015)

High Court damages judgment for birth injuries, finding a hypoxic brain injury and awarding damages, costs, and a trust for the minor plaintiff.

  • Medical Negligence
  • Quantum Of Damages
  • Loss Of Earnings
  • Future Medical Expenses
  • Trust Creation For Minor
  • Contingency Fee Agreement
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Delict [2015] ZAGPPHC 1137

M obo M v Member of the executive Council of the Department of Health, North West Province (70876/10)

M obo M v Member of the executive Council of the Department of Health, North West Province (70876/10) [2015] ZAGPPHC 1137 (5 June 2015)

Quantum judgment in a birth-injury claim. The court found a diffuse brain injury from hypoxia at birth and awarded damages, medical costs, and costs.

  • Medical Negligence
  • Birth Injury
  • Loss Of Earnings
  • General Damages
  • Trust Creation For Minor
  • Contingency Fee Agreement
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.