1. Van Niekerk v Kruger
SCA judgment dealing with retrospective determination, after death, of whether deceased had testamentary capacity to execute a will. Also evaluating expert evidence – court must be satisfied with the reasoning which led to conclusion by expert witness.
2. Els vs MEC - Evaluating Expert Opinion
Commentary by Judge Claassen:
This an excellent case to demonstrate:
3. SCA-MEC v Zulu
This is an important SCA judgment for members practicing in the areas of medical negligence and personal injury claims. It deals with two contentious issues, (a) once and for all rule, and (b) contingency fee agreements.
The summary of the judgment reads “Delictual damages – ‘once and for all’ common law rule – future medical expenses – lump sum award – section 39(2) of the Constitution – development of common law – payment of future medical expenses as and when required – no proof that access to healthcare services in terms of s 27(1) or s 28(1)(c) of the Constitution compromised by common law rule – law reform more appropriately dealt with by legislature. Contingency Fees Act 66 of 1997 – exclusion of award for future medical expenses from agreement – not permitted.”