When will prescription commence in medical negligence claims?
In Links v MEC for Health, Northern Cape 2016 (5) BCLR 656 (CC), the Constitutional Court examined this issue and granted a judgment with potentially far-reaching consequences for medical negligence matters. On 26 June 2006, Mr Links (“Links”) sustained a dislocated thumb for which he was treated with a cast and painkillers. On 5 July 2006, […]
When does a claim prescribe?
The issue of the legal nature of a vindicatory claim and whether it gives rise to a debt that is subject to the three year extinctive prescription period has been decided differently by different divisions of the High Court. On 28 May 2015 the Supreme Court of Appeal came to a final decision in Absa […]