Roy Barendse
Roy Barendse is an Executive Consultant in our Dispute Resolution practice specialising in insurance related civil litigation and commercial litigation.
About Roy
About Roy
Roy holds a BProc from the University of the Western Cape and was admitted as an attorney in 1989. In addition he attended a training course in Arbitration at the University of Stellenbosch and completed a Medical Negligence Law course through UCT. Roy also completed a course in Commercial Mediation at UCT and is an accredited commercial mediator.
About Roy
Roy holds a BProc from the University of the Western Cape and was admitted as an attorney in 1989. In addition he attended a training course in Arbitration at the University of Stellenbosch and completed a Medical Negligence Law course through UCT. Roy also completed a course in Commercial Mediation at UCT and is an accredited commercial mediator.
Experience
Insurance law
Recognised for his in-depth expertise in insurance law, Roy has acted extensively for insurance companies across South Africa and Namibia.
General commercial litigation
He also has vast experience in general commercial litigation involving contractual disputes in the High Court. This includes acting for plaintiffs and defendants in High Court actions and representing corporates in motion proceedings.
Long term insurers
Roy has, and is still advising and acting for long term insurers in disputes arising from insurance contracts, binder agreements.
Loss of income claims
He is highly experienced in the quantification of loss of income claims and was pivotal in advising a statutory insurer in a leading reported case in this field. His wealth of expertise also enables him to represent clients in matters relating to corporate investigations and recoveries, including those pertaining to fraudulent claims.
Renewable energy operations
Roy has also successfully advised large renewable energy operations on insurance issues arising from mechanical failure and business interruption.
News
Can you unscramble the egg? The retrospective effect of forfeiture clauses for partly fraudulent insurance claims
Insurers are the ‘masters of their own policies’ and, accordingly, they are free to devise their own policies unilaterally. The insured often has no say in the process and derived...
Good riddance to ‘gag orders’? South African courts move away from prior restraint orders
Freedom of expression in South Africa is guaranteed by the Bill of Rights. This includes, inter alia , freedom of speech, access to information, and, importantly, media freedom. The...
Challenging another Goliath? Ma-Afrika’s new Constitutional Court battle to mitigate the impacts of the COVID-19 pandemic on the tourism sector
Force majeure , is a clause in contracts which absolves both parties from liability or obligations in terms of that contract when an extraordinary event or circumstance beyond the...
Policy considerations and the imposition of liability
During 2008, at a small school in Bredasdorp, a crossbeam collapsed on a five-and-a-half-year-old child while she was playing on a swing. Suffering critical injuries, the incident...
A bridge (and perhaps a shoe) too far…
Despite the ubiquitous application of preferential rights in various branches of our law, the residual rules regarding the nature and scope of the rights and remedies afforded to the...
Expertise
Dispute Resolution
Our lawyers work together with clients to find business-oriented dispute resolution solutions.
Insurance Law
Our lawyers combine detailed knowledge of the law with a commercial awareness of the industry.
Agriculture, Aquaculture & Fishing
We use our expertise across our disciplines to support our clients' growth and sustainability in the agriculture, aquaculture, and fishing sectors.