The Member of the Executive Council for Health and Social Development of the Western Cape Provincial Government

A groundbreaking judgment obtained by our firm regarding the law regarding the calculation of damages (amount) to be awarded in cerebral palsy cases, as well as: 1. A top-up-and-reversion clause in a trust, i.e., that the State has to top-up the amount of medical expenses if the child lives longer than anticipated, and a reversion to the State of the amount of future medical expenses awarded, to the extent that monies are left over when the child dies. 2. The appropriate method for calculating the cost of administration of a disability Trust. 3. The validity of a Calderbank-tender in South African law, i.e. that a Plaintiff can make a formal tender to a Defendant to settle the matter. If it is determined later that the offer was good yet the defendant did not accept it, the defendant would be mulcted with punitive costs.

Related articles...