Roy Barendse

Executive Consultant: South Africa, Director: Namibia

Roy Barendse is an Executive Consultant in our Dispute Resolution practice specialising in insurance related civil litigation and commercial litigation.

Roy Barendse

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.

He is admitted and enrolled as a legal practitioner in Namibia.  Roy also completed a training course for aspirant judges hosted by the Office of the Chief Justice of South Africa. He served as an acting judge in the Western Cape High Court during 2024.

Areas of expertise

Experience

  • Recognised for his in-depth expertise in insurance law, Roy has acted extensively for short term insurers across South Africa and Namibia. He was one of the forerunners in the field of business interruption insurance claims arising from the Covid 19 pandemic, acting for insurers and insureds alike.  His insurance expertise spans across the areas of material damages claims, public liability, products liability, construction and engineering, professional indemnity and fidelity insurance. He attended to insurance due diligences for mergers and acquisitions over a large spectrum of industries.

  • He has vast experience spanning over 30 years in general commercial litigation involving contractual disputes and delictual damages claims in the High Court.  Roy represented clients in motion proceedings in the High Court in matters involving oil and gas exploration permits, judicial reviews of administrative decisions by local authorities, disputes involving body corporates and disputes concerning approvals under the Land Use Planning Act, National Building Regulations and Building Standards Act and various By-Laws applicable in the Western Cape.

  • Roy has, and is still advising and acting for long term insurers in disputes arising from insurance contracts, regulatory matters, binder agreements and intermediary services agreements.

  • Roy has also successfully advised large renewable energy operations on insurance issues arising from mechanical failure/breakdown, marine cargo  and business interruption claims.

  • He is highly experienced in the quantification of personal injury claims. Roy advised and represented a statutory insurer in this field for over 16 years and was pivotal in a leading reported case on loss of income.

News

Hallucination Complications
Dispute Resolution

Hallucination Complications

As artificial intelligence (AI) tools become increasingly embedded in legal practice, South African legal practitioners (and potentially their insurers) face a new risk, challenging...

Legal fees gone wild: A case of costs, controversy and common sense
Dispute Resolution

Legal fees gone wild: A case of costs, controversy and common sense

The South African legal system witnessed a sobering showdown in the case of Sports Tavern & Restaurant and Others v Executor Estate Late Santos (HCAA 01/2023) ZALMPPHC 17 (5 February...

Dying for a cash in: Life insurance claims amid criminal investigations
Insurance Law

Dying for a cash in: Life insurance claims amid criminal investigations

South Africa grapples with one of the highest crime rates in the world, driven by a multitude of factors. The South African Police Service (SAPS) is significantly outnumbered by offenders,...

Can you  unscramble  the egg? The  retrospective  effect of forfeiture  clauses for  partly fraudulent  insurance claims
Dispute Resolution

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
Dispute Resolution

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
Dispute Resolution

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
Dispute Resolution

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…

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...

There is no “lawyer’s paradise”: Interpreting contracts of insurance
Insurance Law

There is no “lawyer’s paradise”: Interpreting contracts of insurance

It is well known that insurance contracts need not be reduced to writing to be rendered enforceable, however, given that insurance is, by and large, a risk transferring enterprise...

The perennial Pereira principle prevails

The perennial Pereira principle prevails

Can a contingent right to claim indemnification under a liability policy, prescribe prior to determining the liability of the insured, and the extent thereof?

A discussion of the recent High Court judgment confirming the validity of the tobacco ban under the Disaster Management Act 57 of 2002 and Regulations
Dispute Resolution

A discussion of the recent High Court judgment confirming the validity of the tobacco ban under the Disaster Management Act 57 of 2002 and Regulations

On 26 June 2020, the Gauteng Division of the High Court, Pretoria, dismissed an application brought by the Fair-Trade Independent Tobacco Association (FITA) challenging the validity...

WEBINAR | Protecting your business during COVID-19
Technology, Media & Telecommunications

WEBINAR | Protecting your business during COVID-19

Our panel of experts hosted a webinar where they unpacked relief available to businesses negatively affected by covid-19 as well as protection of personal information and cybersecurity...

Insurance: When is a shareholder’s interest an insurable one?
Insurance Law

Insurance: When is a shareholder’s interest an insurable one?

The concept of an insurable interest forms part of the foundation of a contract of insurance. In South African insurance law, without an insurable interest a contract of insurance...

Interpreting a reinstatement clause in an insurance contract: Insurers should act quickly and wisely, or pay the price
Dispute Resolution

Interpreting a reinstatement clause in an insurance contract: Insurers should act quickly and wisely, or pay the price

An insurance company recently suffered the consequences of its wrongful repudiation of a claim in terms of the reinstatement provisions of an insurance policy, in the Western Cape...

Damages for medical negligence: What does “once and for all” really mean?

Damages for medical negligence: What does “once and for all” really mean?

Future medical expenses form a substantial part of awards of damages for medical negligence, especially in respect of cases involving obstetrics. These (often considerable) sums of...

Insurance - a factor when determining civil liability?
Insurance Law

Insurance - a factor when determining civil liability?

Whether and to what extent the existence of insurance will influence a judge when deciding to impose civil liability on a defendant, remains unsettled in South African law. In foreign...

Hallucination Complications
Dispute Resolution

Hallucination Complications

As artificial intelligence (AI) tools become increasingly embedded in legal practice, South African legal practitioners (and potentially their insurers) face a new risk, challenging...

Legal fees gone wild: A case of costs, controversy and common sense
Dispute Resolution

Legal fees gone wild: A case of costs, controversy and common sense

The South African legal system witnessed a sobering showdown in the case of Sports Tavern & Restaurant and Others v Executor Estate Late Santos (HCAA 01/2023) ZALMPPHC 17 (5 February...

Dying for a cash in: Life insurance claims amid criminal investigations
Insurance Law

Dying for a cash in: Life insurance claims amid criminal investigations

South Africa grapples with one of the highest crime rates in the world, driven by a multitude of factors. The South African Police Service (SAPS) is significantly outnumbered by offenders,...

Can you  unscramble  the egg? The  retrospective  effect of forfeiture  clauses for  partly fraudulent  insurance claims
Dispute Resolution

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
Dispute Resolution

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
Dispute Resolution

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
Dispute Resolution

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…

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...

There is no “lawyer’s paradise”: Interpreting contracts of insurance
Insurance Law

There is no “lawyer’s paradise”: Interpreting contracts of insurance

It is well known that insurance contracts need not be reduced to writing to be rendered enforceable, however, given that insurance is, by and large, a risk transferring enterprise...

The perennial Pereira principle prevails

The perennial Pereira principle prevails

Can a contingent right to claim indemnification under a liability policy, prescribe prior to determining the liability of the insured, and the extent thereof?

A discussion of the recent High Court judgment confirming the validity of the tobacco ban under the Disaster Management Act 57 of 2002 and Regulations
Dispute Resolution

A discussion of the recent High Court judgment confirming the validity of the tobacco ban under the Disaster Management Act 57 of 2002 and Regulations

On 26 June 2020, the Gauteng Division of the High Court, Pretoria, dismissed an application brought by the Fair-Trade Independent Tobacco Association (FITA) challenging the validity...

Insurance: When is a shareholder’s interest an insurable one?
Insurance Law

Insurance: When is a shareholder’s interest an insurable one?

The concept of an insurable interest forms part of the foundation of a contract of insurance. In South African insurance law, without an insurable interest a contract of insurance...

Interpreting a reinstatement clause in an insurance contract: Insurers should act quickly and wisely, or pay the price
Dispute Resolution

Interpreting a reinstatement clause in an insurance contract: Insurers should act quickly and wisely, or pay the price

An insurance company recently suffered the consequences of its wrongful repudiation of a claim in terms of the reinstatement provisions of an insurance policy, in the Western Cape...

Damages for medical negligence: What does “once and for all” really mean?

Damages for medical negligence: What does “once and for all” really mean?

Future medical expenses form a substantial part of awards of damages for medical negligence, especially in respect of cases involving obstetrics. These (often considerable) sums of...

Insurance - a factor when determining civil liability?
Insurance Law

Insurance - a factor when determining civil liability?

Whether and to what extent the existence of insurance will influence a judge when deciding to impose civil liability on a defendant, remains unsettled in South African law. In foreign...

From vision to fruition.