Civil Law

You first!  Pay‑to-be-paid clauses upheld in marine liability insurance policies in UK: South African lessons

In November 2025 the UK Court of Appeal confirmed that a “pay-first” clause in a marine liability policy is valid when it accordingly prevents direct recovery by a third party from the insurer when the insured is unable to discharge its underlying liability.

Because the insured was insolvent, the court refused a direct claim by a third party under the UK Third Parties (Rights Against Insurers) Act 2010. The ruling matters for South African charterers, brokers and claimants because many local … Read the rest

Supreme Court

Justices consider liability for officials who block critics on social media

Justices consider liability for officials who block critics on social media

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On Tuesday the Supreme Court will hear oral arguments in a pair of cases involving liability for public officials who block critics on their personal social-media accounts. The two cases, O’Connor-Ratcliff v. Garnier and Lindke v. Freed, are the first in a series of disputes this term arising out of the relationship between government and social media.

O’Connor-Ratcliff v. Garnier

In the first case on Tuesday, the justices are reviewing a ruling by the U.S. Court of Appeals for … Read the rest

Supreme Court

Supreme Court rules against union over strike liability

Supreme Court rules against union over strike liability

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In an 8-1 opinion on Thursday, the justices provided a new definition to the limits on the right to strike under federal labor law. At issue in Glacier Northwest v. International Brotherhood of Teamsters, Local Union 174was whether an employer could sue its employees’ union under state law for damage the employer incurred as a result of the union’s strike. The case produced a surprisingly broad majority agreeing that the strike at issue was not even arguably protected … Read the rest