Clyde & Co’s Post

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The Supreme Court of Appeal, South Africa, in the case of Edward Nathan Sonnenberg Inc. v Hawarden, overturned a controversial High Court decision which held ENS liable to a third party with whom it had no contractual mandate following a Business Email Compromise (#BEC) fraud. The recent SCA judgment, in which Clyde & Co successfully represented the appellant, provides valuable clarity regarding the extent of delictual liability in the context of evolving and widespread BEC fraud risks. We await to see how the Constitutional Court deals with Ms Hawarden’s application for leave to appeal. Read more 👉 https://bit.ly/3XYqOVW #DelictualLiability #CyberRisk

  • Corporate-themed graphic from Clyde & Co featuring an abstract swirl design, with a text overlay discussing the limits of delictual liability and principles of wrongness in a BEC fraud case.

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