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Justin Malherbe

Senior Associate

Justin Malherbe

Cape Town

T:+27 21 405 1221

Justin is an insurance and healthcare lawyer based in Cape Town, South Africa. He advises on dispute resolution and regulatory aspects of insurance and health law.

Justin regularly acts for a number of local and international insurers and has experience in defending high value claims for professional negligence. He regularly represents healthcare professionals in judicial inquests and in responding to and appearing before statutory boards of inquiry, such as the Health Professions Council of South Africa. Justin also provides regulatory advice relative to current and future healthcare legislation in South Africa.

Justin obtained the BCom Rationum (Accountancy and Law) and LLB degrees from the Nelson Mandela Metropolitan University in Port Elizabeth in 2005 and 2007 respectively.  He served articles with Deneys Reitz Inc. (now Norton Rose Fulbright South Africa) in Johannesburg and was admitted as an attorney in 2010, whereafter he continued to practice as an associate in the firm’s insurance litigation department until 2015. He relocated to the Cape Town office in June 2016.

 

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  • Representative experience
    • Concluded a favourable settlement for a private hospital relative to medical negligence litigation involving birth defects to a child suffering from cerebral palsy worth ZAR21 million.
    • Advised an international financial institution on appropriate clinical trials insurance policy wording for the South African jurisdiction.
    • Resolved disputes between a number of tenants of a commercial property owned by a JSE-listed insurance company and the property owner relating to insurable flood damage.
    • Assisted in investigation of flood damage claims relating to the Vaal River flooding which occurred in 2010 and 2011.
  • Publications
    • May 2016 “No-claims bonus has risky contract implications”, RiskAfrica magazine
    • February 2013 “Counting the cost: The consequences of increased medical malpractice litigation in South Africa”, South African Medical Journal Vol 103 No.2
    • 2013 – 2015 Contributing author: South Africa chapter in The Life Sciences Law Review published annually by Law Business Research, UK (editor: Richard Kingham).
    • December 2014 “Product liability risks for defective medical devices: the PIP story”, Cover magazine