1 THE SUPREME COURT OF APPEAL OF SOUTH AFRICA CASE NO: 043/2005 Reportable In the matter between DR RENE TRUTER DR JAN A VENTER First Appellant Second Appellant and MARTHINUS ALBERTUS DEYSEL Respondent Coram: Harms, Zulman, Navsa, Mthiyane et Van Heerden JJA Heard: 24 February 2006 Delivered: 17 March 2006 Summary: Prescription Act 68 of s 12(3) - commencement of running of prescription in respect of claim for damages for medical negligence meaning of knowledge of the facts from which the debt arises for purposes of s 12(3) in the context of such a claim Neutral citation: This judgment may be referred to as Truter v Deysel  SCA 17 (RSA) JUDGMENT VAN HEERDEN JA:
2 2  In April 2000, the respondent, Mr Marthinus Albertus Deysel instituted action in the Cape High Court against the appellants, Dr Rene Truter and Dr Jan Venter for damages arising from a personal injury allegedly sustained by him as a result of a series of medical and surgical procedures performed on him by Drs Truter and Venter in the period July 1993 to September Drs Truter and Venter raised a special plea of prescription which was, in terms of Uniform rule 33(4), set down for separate adjudication. The High Court (Mlonzi AJ) dismissed the special plea with costs on 2 November The present appeal against this order is with the leave the High Court.  The sole issue before the trial court, and indeed also before this court, concerns the time at which prescription started to run in respect of Deysel s claim for damages against Drs Truter and Venter. In terms of s 11(d) of the Prescription Act 68 of 1969 ( the Act ), this claim is subject to a three-year extinctive prescription period. According to the special plea, Deysel s summons was served on Drs Truter and Venter on 17 April Thus, if the date on which the three-year prescription period commenced running was before 17 April 1997, then any claim which Deysel may have had would have become prescribed and the special plea should have been upheld.
3 3  For purposes of the adjudication of the special plea, the facts averred in Deysel s particulars of claim, as amplified by his trial particulars, were taken to be admitted. The six operations which gave rise to Deysel s claim were the following: DATE OPERATION PERFORMED BY 5 July 1993 Extra-capsular cataract extraction and posterior lens implantation 15 July 1993 Emergency irridectomy to correct iris prolapse 5 August 1993 Irrigation of residual lens material Dr Truter Dr Truter Dr Truter 25 August 1993 Posterior laser capsulotomy Dr Truter 7 September 1993 Anterior vitrectomy and Removal of lens material ± 21 September 1993 Insertion of new intraocular lens Dr Venter Dr Venter  It was also alleged and, for the purposes of the special plea only, was common cause, that the foreseeable and actual consequence of these procedures performed by Drs Truter and Venter were decompensation of the cornea of Deysel s right eye, necessitating a corneal graft operation which was performed by a Dr Burger on 12 December This, in turn, developed complications involving the onset of infection of a corneal stitch and ultimately led to an evisceration of Deysel s right eye on 23 April 1997.
4 4 As Deysel had, at the time of the operations in 1993, already lost his left eye, he was thus rendered totally blind.  It should be noted that, in his trial particulars, Deysel made the following allegations (which were admitted for the purposes of the special plea): Throughout all the surgical procedures, the Defendants [Drs Truter and Venter] could and should have known that repeated surgery irreparably damages the endolethial cells lining the cornea, and that it was reasonably foreseeable that it could and probably would lead to bullous kerotopathy. It was further reasonably foreseeable that this would in turn require a corneal graft and, if not uncomplicated, eventual loss of the eye if an infection were to set in.  As early as 27 July 1994, Deysel wrote to the Medical and Dental Council ( the Council ), lodging a complaint against Dr Truter. In this letter, he recounted the operations performed upon him by Drs Truter and Venter, complained of the conduct of Dr Truter and asked the Council to investigate the matter as I feel there was no need for five operations plus all the pain and suffering and unnecessary sums of money for one cataract. He also mentioned that, according to a Dr Mouton, who had given him an opinion of the condition of his eye at the request of a Dr Claassen, under whose care he had been placed, there was permanent damage to the eye.
5 5  After asking for and receiving from Dr Truter her account of how she had treated Deysel, the Council responded to Deysel in writing on 20 July 1995, attaching a copy of Dr Truter s explanation, and stating that After careful consideration the Committee is of the opinion that there has not been conduct which can be said to have been improper or disgraceful, and resolved that no further action be taken.  In 1995, Deysel appointed attorneys Malcolm Lyons Munro and Sohn to investigate and prosecute a malpractice claim against Drs Truter and Venter arising from their treatment of him in These attorneys obtained professional reports from two experts in the field of ophthalmology, namely Professor Murray, the Head of the Department of Ophthalmology of the University of Cape Town, and Dr Sacks, an ophthalmic surgeon. Both these experts were provided with all the relevant medical records and other documents, including Deysel s letter of complaint to the Council; Dr Truter s report to the Council; the Council s response to Deysel; Dr Truter s and Dr Venter s clinical notes and a medical report dated 9 November 1994 by a Dr Kruger, another ophthalmic surgeon whom Deysel had consulted for a second opinion. In addition, Dr Sacks was provided with a letter dated 16 October 1995 by the abovementioned Dr Claassen, also an ophthalmologist, who had treated Deysel s right eye on various occasions from late 1993 to July 1995, setting
6 6 out the detail of his findings in respect of Deysel s right eye. None of these medical experts concluded that an inference of negligence on the part of Drs Truter and Venter was justified. Apart from Drs Kruger and Claassen, Deysel was referred to yet another eye specialist, a Dr Mouton, in June This doctor ascribed the reduction in Deysel s visual acuity to previous chronic macular oedema. A fourth expert consulted by Deysel in February 1996, a Dr Woods, concluded that he had reduced vision probably due to changes in the cornea and that it appeared from my initial assessments that nothing could be done to improve his vision.  After Deysel s right eye had been removed by Dr Burger in April 1997, he made further complaints about Drs Truter and Venter to, inter alia, the Council and the MEC for Health in the Western Cape. New attorneys appointed by him in 1998, D Butlion and Associates, obtained a further medico-legal report, this time from a Professor Stulting, the Head of the Department of Ophthalmology of the University of the Orange Free State, who was provided with the same documentation previously submitted to the other experts. Professor Stulting s very detailed report, dated 7 June 1999, concluded as follows: it is my humble and honest opinion that Mr Deysel will not be able to prove that the conduct of any of the abovementioned doctors, namely, Dr Truter, Prof Venter or Dr Burger, fell short of the standard of care expected from a medical expert, such as an
7 7 ophthalmologist, and that such negligent conduct caused the loss of Mr Deysel s right eye.  According to evidence given by a Ms Pienaar, who was at the relevant time employed by firm of attorneys who ultimately took over Deysel s matter, Deysel told her in late 1999 about a certain Dr Lecuana, an ophthalmologist at the University of Cape Town, whom he had heard (and to whom he had spoken about his problems) on a radio talk show. In early 2000, Ms Pienaar consulted with Dr Lecuana, who in turn referred her to a Dr Steven. Ms Pienaar s evidence makes it clear that the same set of facts and documents which had been presented to the experts previously consulted were presented to Drs Lecuana and Steven. However, Dr Steven had expressed the view that the operations performed by Dr Truter and Venter had been done too quickly one after the other, without giving the cornea time to clear and heal, and that this constituted negligence on the part of the said doctors. As Ms Pienaar put it, that was the first positive expert report that I could obtain, and it was on the basis of this report that summons was issued on behalf of Deysel in April  The relevant section of the Act (s 12) reads as follows: When prescription begins to run (1) Subject to the provisions of subsections (2) and (3), prescription shall commence to run as soon as the debt is due.
8 8 (2) If the debtor wilfully prevents the creditor from coming to know of the existence of the debt, prescription shall not commence to run until the creditor becomes aware of the existence of the debt. (3) A debt shall not be deemed to be due until the creditor has knowledge of the identity of the debtor and of the facts from which the debt arises: Provided that a creditor shall be deemed to have such knowledge if he could have acquired it by exercising reasonable care. (Emphasis added.)  There is no suggestion that Drs Truter and Venter prevented Deysel from coming to know of the existence of the debt (s 12(2)) and Deysel certainly knew the identity of the debtor(s) from the outset. The crisp question before the court a quo was thus whether Deysel had actual or deemed knowledge of the facts from which the debt arises, as required by s 12(3), prior to 17 April  In the High Court (and on appeal before us), counsel for Deysel contended that, in the context of a medical negligence claim, the meaning of the phrase knowledge of the facts from which the debt arises includes knowledge of facts showing that the defendant, in treating the plaintiff, failed to adhere to the standards of skill and diligence expected of a practitioner in the former s position. Thus, it was submitted, until the plaintiff has sufficient detail frequently, if not invariably, in the form of
9 9 an expert medical opinion showing that the defendant failed to exhibit the necessary degree of diligence, skill and care and in what respects he or she failed to do so, the plaintiff does not, in terms of s 12(3), have knowledge of the facts from which the debt arises.  Applied to the facts of this case, Deysel s counsel argued that the first time that Deysel or his legal representatives were made aware that the known facts (the conduct of Drs Truter and Venter) constituted negligence was when Dr Steven gave advice to that effect to Ms Pienaar shortly before the issue of summons. There was no evidence to suggest that Deysel had been dilatory in not consulting with Dr Steven at an earlier stage or that he had acted unreasonably in endeavouring to obtain assistance from the various other sources set out above. Thus, the argument continued, prescription did not start to run in respect of Deysel s alleged claim until such time as Dr Steven s opinion was obtained and the special plea had no merit.  The High Court upheld this contention, stating: It is not legally conceivable how a malpractice case will see its day in a South African court of law without the litigant obtaining knowledge of [a] medical expert that indeed the symptoms complained about or the resultant consequence is indicative of some degree of incompetence or negligence constituting the wrongful act.
10 10 Mlonzi AJ thus held that, because Deysel had only received a favourable expert medical opinion in 2000, prescription only commenced running at that stage.  I am of the view that the High Court erred in this finding. For the purposes of the Act, the term debt due means a debt, including a delictual debt, which is owing and payable. A debt is due in this sense when the creditor acquires a complete cause of action for the recovery of the debt, that is, when the entire set of facts which the creditor must prove in order to succeed with his or her claim against the debtor is in place or, in other words, when everything has happened which would entitle the creditor to institute action and to pursue his or her claim. 1  In a delictual claim, the requirements of fault and unlawfulness do not constitute factual ingredients of the cause of action, but are legal conclusions to be drawn from the facts: A cause of action means the combination of facts that are material for the plaintiff to prove in order to succeed with his action. Such facts must enable a court to arrive at certain legal conclusions regarding unlawfulness and fault, the constituent elements of a 1 See, for example, Evins v Shields Insurance Co Ltd 1980 (2) SA 814 (A) at 838D-H and Deloitte Haskins & Sells Consultants (Pty) Ltd v Bowthorpe Hellerman Deutsch (Pty) Ltd 1991 (1) SA 525 (A) at 532H-I. See further MM Loubser Extinctive Prescription (1996) para at pp and the other authorities there cited.
11 11 delictual cause of action being a combination of factual and legal conclusions, namely a causative act, harm, unlawfulness and culpability or fault. 2 (Emphasis added.)  In the words of this court in Van Staden v Fourie: 3 Artikel 12(3) van die Verjaringswet stel egter nie die aanvang van verjaring uit totdat die skuldeiser die volle omvang van sy regte uitgevind het nie. Die toegewing wat die Verjaringswet in hierdie verband maak, is beperk tot kennis van die feite waaruit die skuld ontstaan.  Cause of action for the purposes of prescription thus means every fact which it would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the Court. It does not comprise every piece of evidence which is necessary to prove each fact, but every fact which is necessary to be proved. 4  As contended by counsel for Drs Truter and Venter, an expert opinion that a conclusion of negligence can be drawn from a particular set of facts is not itself a fact, but rather evidence. As indicated above, the 2 Loubser op cit para at p 80 and the authorities there cited, in particular Evins v Shield Insurance Co Ltd at 838H-839A (3) SA 200 (A) at 216D-E (per EM Grosskopf JA), cited with approval by Harms JA (with whom Scott JA concurred), in the context of a special plea of prescription raised against a claim for damages for professional negligence, in Drennan Maud & Partners v Pennington Town Board 1998 (3) SA 200 (SCA) at 213C. 4 Per Maasdorp JA in McKenzie v Farmers Co-operative Meat Industries Ltd 1922 AD 16 at 23, cited with approval by Corbett JA in the Evins case at 838D-F.
12 12 presence or absence of negligence is not a fact; it is a conclusion of law to be drawn by the court in all the circumstances of the specific case. 5 Section 12(3) of the Act requires knowledge only of the material facts from which the debt arises for the prescriptive period to begin running it does not require knowledge of the relevant legal conclusions (ie that the known facts constitute negligence) or of the existence of an expert opinion which supports such conclusions.  Mlonzi AJ appears to have relied on the judgment of this court in the recent case of Van Zijl v Hoogenhout 6 for her conclusion that knowledge of fault is a requirement for the commencement of the running of prescription. In my view, she erred in so doing. The Van Zijl case is entirely distinguishable from the present case. In the Van Zijl case, Heher JA held that, where the prescription statute speaks of prescription beginning to run when a creditor has knowledge, it presupposes a creditor who is capable of appreciating that a wrong has been done to him or her by another. 7 The plaintiff in the Van Zijl case was found on the facts to have lacked capacity for many years to appreciate that a wrong had been done to her and that this had therefore delayed the commencement of the running 5 See, for example, Mkhatswa v Minister of Defence 2000 (1) SA 1104 (SCA) para 23 at 1112H. 6  4 All SA 427 (SCA). 7 Para 19.
13 13 of prescription. 8 By contrast, in the present case, it is abundantly clear that Deysel believed and appreciated from as early as 1994 that a wrong had been done to him by Drs Truter and Venter. 9  In accordance with the so-called once and for all rule, a plaintiff must claim in one action all damages, both already sustained and prospective, flowing from one cause of action. Therefore, a plaintiff s cause of action is complete as soon as some damage is suffered, not only in respect of the loss already sustained by him or her, but also in respect of all loss sustained later. 10  Applied to the facts of this case, Deysel s cause of action was complete and the debt of Drs Truter and Venter became due as soon as the first known harm was sustained by Deysel, notwithstanding the fact that the loss of his right eye occurred later.  According to Deysel s own evidence, from at least the time of his initial complaint to the Council in July 1994, he knew the details of the operations performed on him by Drs Truter and Venter and that he had 8 Para It is perhaps also necessary to point out that the High Court apparently misconstrued the relevant passage from the majority judgment in the Drennan Maud case as providing authority for the proposition that knowledge of fault was considered as the required knowledge in a professional negligence case. As submitted by counsel for Drs Truter and Venter, the phrase design fault used by Olivier JA (at 205E-F) was plainly a reference to a defect in the design, not to fault in the sense of culpability. 10 See Evins v Shield Insurance at 836A-B and Drennan Maud & Partners v Pennington Town Board at 211F-G. See also Loubser op cit para at 81ff.
14 14 suffered harm. He also knew that the two doctors were required to exercise reasonable care and skill in treating him; indeed his unremitting and oftrepeated complaint was that they had failed to do so, as a result of which he had undergone a multiplicity of medical and surgical procedures and had suffered permanent damage to his remaining eye. He knew that he had a potential claim against Drs Truter and Venter, hence his instructions to the first set of attorneys in 1995 to investigate such a claim.  As is clear from the sequence of events described above, all the facts and information in respect of the operations performed on Deysel by Drs Truter and Venter in 1993 were known, or readily accessible, to him and his legal representatives as early as 1994 or Neither Deysel nor Ms Pienaar was able to point to any new fact which was given to either Dr Lecuana or Dr Steven which had not been presented to the previous medical experts for their opinions and which had not been known or readily accessible to Deysel and his representatives before 17 April 1997 (ie more than 3 years before the date on which he instituted action). Indeed, the negative indicators which apparently eventually led Dr Steven to conclude that there had been negligence on the part of Drs Truter and Venter were dealt with in the reports of medical experts previously consulted.
15 15  Thus, neither Dr Lecuana nor Dr Steven revealed or furnished any new facts to Deysel: they merely advanced an opinion, in the form of a conclusion that there had been negligence, which opinion was based on the same facts which had been available prior to 17 April 1997 and which had been furnished to the other experts.  Lastly, insofar as the court a quo relied on English medicalnegligence case law as an aid to the interpretation of the knowledge requirement in s 12(3) of the Act, I am of the view that it was incorrect in doing so. Not only do the English cases concern the interpretation and application of the English Limitation Act of 1980, which differs materially from the South African Act in both content and origin, but such cases are also, as illustrated convincingly by counsel for Drs Truter and Venter, eminently distinguishable on their facts from the present case and are, in addition, not necessarily consistent. Counsel for Deysel tried to persuade us otherwise, but to no avail.  It follows that the appeal must succeed.  The following order is made: (a) The appeal is upheld with costs.
16 16 (b) The order of the Cape High Court is set aside and replaced with the following order: The special plea of prescription is upheld and the plaintiff s action is dismissed with costs. B J VAN HEERDEN JUDGE OF APPEAL CONCUR: Harms JA Zulman JA Navsa JA Mthiyane JA
LAW OF DAMAGES MEDICAL NEGLIGENCE CAUSE OF ACTION AND COMMENCEMENT OF PRESCRIPTION Truter and Venter v Deysel  SCA 17 (RSA) 1 Introduction This judgment by Van Heerden JA (Harms, Zulman, Navsa and
IN THE SUPREME COURT OF APPEAL OF SOUTH AFRICA Lombard Insurance Co Ltd v City of Cape Town  JOL 20661 (SCA) Issue Order CASE NO: 441/06 Reportable In the matter between: LOMBARD INSURANCE COMPANY
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT Not Reportable Case No: 20794/2014 In the matter between: ESTEE BUNTON PIETER BUNTON FIRST APPELLANT SECOND APPELLANT and W A COETZEE AUTO & GENERAL
` THE SUPREME COURT OF APPEAL OF SOUTH AFRICA In the matter between: JUDGMENT Not Reportable Case No: 20157/2014 UTi SOUTH AFRICA (PROPRIETARY) LIMITED APPELLANT and TRIPLE OPTION TRADING 29 CC RESPONDENT
THE SUPREME COURT OF APPEAL REPUBLIC OF SOUTH AFRICA JUDGMENT REPORTABLE CASE NO: 614/2006 In the matter between KAREN HARRIET ELEY (formerly MEMMEL) APPELLANT and LYNN & MAIN INC RESPONDENT CORAM: MTHIYANE,
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA Case number : 280/03 Reportable In the matter between : F F HOLTZHAUSEN APPELLANT and ABSA BANK LIMITED RESPONDENT CORAM : HARMS, NAVSA, BRAND, CLOETE, HEHER
REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG CASE NO: 13/33469 (1) REPORTABLE: YES / NO (2) OF INTEREST TO OTHER JUDGES: YES/NO (3) REVISED... DATE...
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT In the matter between: Not Reportable Case No: 20278/14 THE ISIBAYA FUND APPELLANT and ERNUSTUS JACOBUS VISSER VAUGHN COETZEE FIRST RESPONDENT SECOND
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT In the matter between: Case No: 499/2010 THE ATTORNEYS FIDELITY FUND BOARD OF CONTROL Appellant and METTLE PROPERTY FINANCE (PTY) LTD Respondent Neutral
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA FREE STATE DIVISION,
IN THE HIGH COURT OF SOUTH AFRICA (EAST LONDON CIRCUIT LOCAL DIVISION) Case No: 454/2005 In the matter between: JOHN PAGE PLAINTIFF and FIRST NATIONAL BANK MICHAEL M RIES FIRST DEFENDANT SECOND DEFENDANT
IN THE HIGH COURT OF SOUTH AFRICA (EAST LONDON CIRCUIT LOCAL DIVISION) CASE NO: EL 309/01 In the matter between: PULA MVULA MATSHIKWE Plaintiff and ROAD ACCIDENT FUND Defendant JUDGMENT EBRAHIM J: Introduction
JP van Niekerk Extension clauses in motor-vehicle insurance policies Can the authorized driver compel the insured owner to claim from the insurer? In Fielding v Jacobs NO & another (2005 JDR 1445 (C)),
REPUBLIC OF SOUTH AFRICA THE SUPREME COURT OF APPEAL OF SOUTH AFRICA Case number: 325/2002 Reportable In the matter between: WILLIAM JAMES NIEUWOUDT NO TALITHA CECILIA NIEUWOUDT NO FIRST APPELLANT SECOND
IN THE EMPLOYMENT RELATIONS COURT AT SUVA APPELLATE JURISDICTION CASE NUMBER: ERCA NO. 09 OF 2012 BETWEEN: AUTOMART LIMITED APPELLANT AND: WAQA ROKOTUINASAU RESPONDENT Appearances: Ms. Drova for the Appellant.
REPUBLIC OF SOUTH AFRICA THE SUPREME COURT OF APPEAL OF SOUTH AFRICA REPORTABLE Case number: 381/04 In the matter between: S A BREWERIES LIMITED Appellant and PIETER VAN ZYL Respondent CORAM: MPATI DP,
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT Case No: 273/09 ABERDEEN INTERNATIONAL INCORPORATED Appellant and SIMMER AND JACK MINES LTD Respondent Neutral citation: Aberdeen International Incorporated
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT In the matter between: Not reportable Case No: 195/11 EVEREADY (PTY) LIMITED Appellant and THE COMMISSIONER FOR THE SOUTH AFRICAN REVENUE SERVICE Respondent
IN THE SUPREME COURT OF APPEAL OF SOUTH AFRICA REPORTABLE CASE NO 28/2002 In the matter between PRICE WATERHOUSE MEYERNEL Applicant and THE THOROUGHBRED BREEDERS' ASSOCIATION OF SOUTH AFRICA Respondent
BRITISH VIRGIN ISLANDS CIVIL APPEAL NO.10 OF 2002 BETWEEN: IN THE COURT OF APPEAL SPARKASSE BREGENZ BANK AG and In The Matter of ASSOCIATED CAPITAL CORPORATION Appellant Respondent Before: His Lordship,
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA NORTH WEST HIGH
Tipp FM Legal Slot 29 th May 2012 Medical Negligence John M. Lynch, Principal Today I will discuss medical negligence following a number of recent high profile cases and inquests. Firstly, what is Medical
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT In the matter between: Case no: 564/09 ROGER HUGH MARGO SHERIFF FOR THE DISTRICT OF RANDBURG First Appellant Second Appellant and TONY RICKY GARDNER
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT REPORTABLE Case No: 211/13 In the matter between: AVONMORE SUPERMARKET CC Appellant and CHRISTINA PETRONELLA VENTER Respondent Neutral citation: Avonmore
1IN THE LABOUR COURT OF AOUTH AFRICA HELD IN JOHANNESBURG CASE NO JR 958/05 In the matter between: RUSTENBURG PLATINUM MINES LIMITED (RUSTENBURG SECTION) APPLICANT AND COMMISSION FOR CONCILIATION, MEDIATION
 JMCA Civ 37 JAMAICA IN THE COURT OF APPEAL SUPREME COURT CIVIL APPEAL NO 41/2007 BEFORE: THE HON MR JUSTICE MORRISON JA THE HON MR JUSTICE BROOKS JA THE HON MS JUSTICE LAWRENCE-BESWICK JA (AG) BETWEEN
REPORTABLE IN THE SUPREME COURT OF APPEAL OF SOUTH AFRICA Case No: 491/97 In the matter of: SOUTH AFRICAN CLOTHING INDUSTRIES (PTY) LTD t/a PRESTIGE LINGERIE Appellant and THE DIRECTOR, DEPARTMENT OF TRADE
Alerter Banking, Finance and Consumer Credit 3 June 2015 Summary Disposal of Unfair Relationships Claims: Axton & Axton v GE Money Mortgages Limited and another  EWHC 1343 By Judgment on appeal 1.
2015 IL App (1st) 141985-U No. 1-14-1985 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA In the matter between JOHN MALCOLM GRIFFIN NEWBERRY INTERNATIONAL INC PIETER JOHANNES HANEKOM and THE MASTER OF THE HIGH COURT MICHAEL JOHN LANE N O JOHN COMMINS
A Guide To Claiming Compensation For Clinical Negligence Introduction In order to bring a claim for Clinical Negligence, it is necessary to establish that the Doctor or Nurse involved in your medical treatment
Filed 12/23/14 Rickey v. Lally CA4/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REPORTABLE CIVIL APPEAL NO. 5669 OF 2012 (Arising out of SLP (C) No.9516 of 2010) The Oriental Insurance Co.Ltd....APPELLANT(S) VERSUS Siby George
THE FIRTH V SUTTON DECISIONS Introduction In professional negligence proceedings against a solicitor, the court s aim is to determine what amount of money would put the plaintiff in the position he would
05/02/03 See News Release 032 for any concurrences and/or dissents. SUPREME COURT OF LOUISIANA NO. 03-B-0910 IN RE: HARRY E. CANTRELL, JR. ATTORNEY DISCIPLINARY PROCEEDINGS PER CURIAM This matter arises
IN THE OFFICE OF THE OMBUD FOR FINANCIAL SERVICES PROVIDERS CASE NUMBER: FAIS 09947/10-11/GP1 In the matter between:- JOHANNES PETRUS SNYMAN Complainant and SOUVENIR FINANSIËLE DIENSTE JAN PIETER ANDRIES
FREE STATE HIGH COURT, BLOEMFONTEIN REPUBLIC OF SOUTH AFRICA Case No. : 877/2014 In matter between: SIEGREFRIED VAN BILJON Plaintiff And SUSARA RAUTENBACH Defendant REVIEW JUDGMENT JUDGMENT BY: I. MOTLOUNG,
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA CIVIL ACTION LAW SCOTT WESCOTT, III, : Plaintiff : : vs. : No. 09-3500 : BRENDA WHITE, : Defendant : Robert G. Bauer, Esquire Richard D. Adamson,
In the matter between: THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT NOT REPORTABLE Case No: 238/2013 THE HEAD: HEALTH, DEPARTMENT OF HEALTH, PROVINCIAL ADMINISTRATION: WESTERN CAPE APPELLANT and
In the Missouri Court of Appeals Western District STEVE AUSTIN, Appellant, v. JOHN SCHIRO, M.D., Respondent. WD78085 OPINION FILED: May 26, 2015 Appeal from the Circuit Court of Clinton County, Missouri
IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE December 02, 2014 Session CONNIE REDMOND v. WALMART STORES, INC., ET AL. Appeal from the Circuit Court for Davidson County No. 13C3247 Joseph P. Binkley,
IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Between: And Toor v. Harding, 2013 BCSC 1202 Amrit Toor and Intech Engineering Ltd. Date: 20130705 Docket: S125365 Registry: Vancouver Plaintiffs Thomas
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT Case No: 455/12 Reportable In the matter between: TRISTAR INVESTMENTS (PTY) LTD Appellant and THE CHEMICAL INDUSTRIES NATIONAL PROVIDENT FUND Respondent
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT REPORTABLE Case No: 575/2012 In the matter between: GABRIEL BUTHELEZI APPELLANT v PRISCILLA ZANELE NDABA RESPONDENT Neutral citation: Buthelezi v Ndaba
Jurisdictional Limits The justice courts have exclusive jurisdiction or the authority to hear all civil actions when the amount involved, exclusive of interest, costs and awarded attorney fees when authorized
CONSTITUTIONAL COURT OF SOUTH AFRICA In the matter between: Case CCT 155/14 TEBEILA INSTITUTE OF LEADERSHIP, EDUCATION, GOVERNANCE, AND TRAINING Applicant and LIMPOPO COLLEGE OF NURSING MEMBER OF THE EXECUTIVE
THE COURT OF APPEALS OF ARKANSAS HOLDS THAT SUMMARY JUDGMENT IS IMPROPER WHEN QUESTIONS OF MATERIAL FACT ARRISE IN MEDICAL MALPRACTICE ACTIONS In Villines v. North Arkansas Regional Medical Center, 1 the
Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral
IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE HIGH COURT-MTHATHA Case No: 2866/11 Date heard: 14 September 2013 Judgment Delivered: 11 July 2013 In the matter between: SAKHELE PRECIOUS NKUME Applicant
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CAROSELLA & FERRY, P.C., Plaintiff, v. TIG INSURANCE COMPANY, Defendant. CIVIL ACTION NO. 00-2344 Memorandum and Order YOHN,
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT NOT REPORTABLE Case No: 383/2013 In the matter between: VAN DE WETERING ENGINEERING (PTY) LTD APPELLANT and REGENT INSURANCE COMPANY RESPONDENT Neutral
2013 IL App (1st) 120546-U Third Division March 13, 2013 No. 1-12-0546 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances
REPUBLIC OF SOUTH AFRICA Reportable THE LABOUR COURT OF SOUTH AFRICA, IN JOHANNESBURG JUDGMENT CASE NO: JR 1825/12 In the matter between: PUBLIC SERVANTS ASSOCIATION OF SOUTH AFRICA obo DD MALEPE Applicant
IN THE NEBRASKA COURT OF APPEALS MEMORANDUM OPINION AND JUDGMENT ON APPEAL SARAVIA V. HORMEL FOODS NOTICE: THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED
THE SUPREME COURT OF APPEAL REPUBLIC OF SOUTH AFRICA JUDGMENT Case number: 348/2007 In the matter between: LYNN & MAIN INCORPORATED Appellant and BRITS COMMUNITY SANDWORKS CC Respondent Neutral citation:
Case Note by Paul Ryan February 2014 Settlement Group Pty Ltd v Purcell Partners  VSCA 370 Catchwords: Mortgages Real property Refinancing Multiple mortgages to be refinanced Concurrent transactions
In the United States Court of Appeals For the Seventh Circuit No. 14 1449 BASHIR SHEIKH, Plaintiff Appellant, v. GRANT REGIONAL HEALTH CENTER, Defendant Appellee. Appeal from the United States District
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA Case No 100/2003 REPORTABLE BULELWA NDAMASE APPELLANT and FUNCTIONS 4 ALL RESPONDENT Before: Mpati DP, Scott, Mthiyane, Heher JJA and Southwood AJA Heard: 17
THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) In the matter between Appeal Case No: A314/2013 Trial Case No: 6045/2008 SHABEER LATIB APPELLANT And BONITAS MEDICAL FUND RESPONDENT Coram:
THE IMPORTANCE OF COMPREHENSIVE NOTES AND RECORDS by: Ryan A. Murray, Oatley Vigmond Personal Injury Lawyers LLP Introduction Comprehensive clinical notes and records are an important part of patient care.
IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 40076-2012 STATE OF IDAHO, Plaintiff-Respondent, v. SYDNEY LORELEI NEAL, Defendant-Appellant. Boise, November 2013 Term 2013 Opinion No. 110 Filed:
New South Wales Motor Accidents Compensation Amendment (Claims and Dispute Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Motor Accidents Compensation Act 1999 No 41 2 4 Amendment of other
================================================================= This opinion is uncorrected and subject to revision before publication in the New York Reports. -----------------------------------------------------------------
STATE OF MICHIGAN COURT OF APPEALS BUDDY JOHNSON, Plaintiff-Appellant, UNPUBLISHED August 20, 1999 and NANCY JOHNSON, Plaintiff, v JAMES K. FETT and MUTH & FETT, P.C., No. 207351 Washtenaw Circuit Court
IN THE LABOUR COURT OF SOUTH AFRICA (HELD AT JOHANNESBURG) CASE NO: JR 2580/09 In the matter between: SONNYBOY BEKENG MAOKO Applicant and METAL AND ENGINEERING BARGAINING COUNCIL 1 st Respondent THEMBAKEILE
IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE, GRAHAMSTOWN) Case No. CA 446/12 Date Heard: 5/8/13 Date Delivered: 19/8/13 Not Reportable In the matter between: OLIVER DAVID HART Plaintiff and ROAD ACCIDENT
IN THE TRIBUNAL OF THE PENSION FUNDS ADJUDICATOR (HELD IN JOHANNESBURG) CASE NO: PFA/GA/20396/2007/RM In the complaint between: M M SWART Complainant and MITTAL STEEL S.A. SELECTOR PENSION AND PROVIDENT
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Carl Whitehead, : Appellant : : No. 1075 C.D. 2014 v. : : Submitted: November 14, 2014 Commonwealth of Pennsylvania : BEFORE: HONORABLE BONNIE BRIGANCE LEADBETTER,
WikiLeaks Document Release February 2, 2009 Congressional Research Service Report RS20519 ASBESTOS COMPENSATION ACT OF 2000 Henry Cohen, American Law Division Updated April 13, 2000 Abstract. This report
FILED: NASSAU COUNTY CLERK 07/12/2013 INDEX NO. 601780/2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/12/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------------------------------------------------------------------}C
Filed 8/28/13 Shade v. Freedhand CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
FORM A FILING SHEET FOR SOUTH EASTERN CAPE LOCAL DIVISION JUDGMENT ECJ: PARTIES: PORT ELIZABETH INNER CITY HOUSING (PTY) LTD And PIETER NIEMAN (a) Registrar: 2575/08 (b) Magistrate: (c) High Court: SOUTH
1 c. L-14 The Libel and Slander Act being Chapter L-14 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979) as amended by the Statutes of Saskatchewan, 1980-81, c.21; 1984-85-86,
****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal
IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY CIVIL TRIAL DIVISION PHYLLIS BROWN v. AUGUST TERM, 1997 NO. 0787 ALBERT EINSTEIN MEDICAL CENTER, and GUY HEWLETT, M.D. ------------------------------------------------------------------------------------------------------------------
IN THE SUPREME COURT OF THE STATE OF DELAWARE NANCY TAYLOR and CYRIL E. TAYLOR, No. 214, 2010 Plaintiffs Below- Appellants, Court Below: Superior Court of the State of Delaware in and v. for New Castle
IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2006-CP-00404-COA TYRONE SANDERS APPELLANT v. AMBER C. ROBERTSON AND MISSISSIPPI FARM BUREAU CASUALTY INSURANCE COMPANY APPELLEES DATE OF JUDGMENT:
Health Professions Review Board Suite 900, 747 Fort Street Victoria British Columbia Telephone: 250 953-4956 Facsimile: 250 953-3195 Toll Free: 888 953-4986 (within BC) Mailing Address: PO 9429 STN PROV
PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. The dependants
 UKPC 37 Privy Council Appeal No 0031 of 2014 and 0032 of 2014 JUDGMENT NH International (Caribbean) Limited (Appellant) v National Insurance Property Development Company Limited (Respondent) (Trinidad
COURT OF APPEALS DECISION DATED AND FILED July 14, 2015 Diane M. Fremgen Clerk of Court of Appeals NOTICE This opinion is subject to further editing. If published, the official version will appear in the
Reportable IN THE KWAZULU-NATAL HIGH COURT, DURBAN REPUBLIC OF SOUTH AFRICA Case: 13335/2009 In the matter between: RODEL FINANCIAL SERVICE (PTY) LTD Applicant vs YOGANANDA DHANAPAL NAIDOO First Respondent
The DelliCarpini Law Firm Melville Law Center 877.917.9560 225 Old Country Road fax 631.923.1079 Melville, NY 11747 www.dellicarpinilaw.com John M. DelliCarpini Christopher J. DelliCarpini (admitted in
PERSONAL INJURY COMPENSATION CLAIM GUIDE PERSONAL INJURY COMPENSATION CLAIM GUIDE This booklet has been produced by D.J. Synnott Solicitors to give our clients an understanding of the personal injury compensation