Civil Law

A Study on Lloyd’s Syndicate Litigation Standing: Cross-Border Perspectives and Chinese Practice

In the international insurance market, a syndicate is Lloyd’s operational unit for conducting insurance business. It is financially supported by one or more Lloyd’s members and routinely managed by a specialist Managing Agent. These Lloyd’s members are the actual insurers of the relevant insurance policies.

Section 8(1) of the English Lloyd’s Act 1982 provides that:

“An underwriting member shall be a party to a contract of insurance underwritten at Lloyd’s only if it is underwritten with several liability, each underwriting … Read the rest

Civil Law

“Tester” Plaintiff Who “Actively Seeks Out Privacy Violations” Lacks Standing to Pursue CIPA Claim

Lawsuits targeting businesses’ use of website tools under the California Invasion of Privacy Act (“CIPA”) increasingly are filed by so-called “tester” plaintiffs.  These plaintiffs seek out websites to “test” for potential CIPA violations and then file lawsuits seeking damages for those alleged violations.  A California federal court recently confirmed that a CIPA plaintiff’s “status as a tester forecloses standing” for a simple reason: a tester “actively seeks out privacy violations” and therefore “cannot claim an injury when her expectations were … Read the rest

Civil Law

To stand or not to stand – a case of legal standing

This blog was co-authored by Sebenzile Magagula, Candidate Attorney.

A claim (Joubert and Others v Louw (CIV APP RC 08/2022) [2023] ZANWHC 102 (22 June 2023)) was dismissed by the High Court on the grounds that the respondent lacked the requisite legal standing to litigate on behalf of her husband who was the party to the contract sued on.

The claimant sued for delictual damages arising from failure by the defending attorneys to institute timeous action against a construction … Read the rest