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.
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.
Languages
Languages
- English
- Afrikaans
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.
Languages
- English
- Afrikaans
Experience
Insurance law
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.
General commercial litigation
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.
Long term insurers
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.
Renewable energy operations
Roy has also successfully advised large renewable energy operations on insurance issues arising from mechanical failure/breakdown, marine cargo and business interruption claims.
Personal Injury 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
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
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
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...
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.