Infrastructure
Kate has experience in dispute resolution, with a focus on insurance and environmental law, and has extensive litigation experience in relation to professional indemnity, general insurance and contractual disputes.
Direct Lines
+27 10 286 0337 +27 82 957 0821 kate.swart@clydeco.comMain Office
Cape Town
+27 21 286 0350Regional experience
Full Profile
Kate studied at the University of Cape Town where she obtained BA and LLB degrees, as well as an LLM in environmental law. She was admitted as an attorney of the High Court of South Africa in April 2014.
Kate has extensive experience in litigation and dispute resolution in both courts and arbitrations in South Africa and various jurisdictions in sub-Saharan Africa, with a focus on commercial disputes, general insurance business, construction disputes, construction bonds and bond securities.
Kate advises a wide range of clients, including insurers, reinsurers and other financial service providers, contractors and manufacturers. These include international clients with interests in Sub-Saharan Africa and local clients involved in international transactions.
Kate has in-depth experience in respect of the NEMA Financial Provisioning Regulations and environmental rehabilitation guarantees in the mining sector. She has advised on environmental liability exposure in both commercial and insurance contexts.
Experience
Kate's recent experience includes:
- Keynote speaker and panellist at the 2016 EY Mining and Metals Conference on the topic of the NEMA Financial Provisioning Regulations, with a focus on the impact on environmental bonds.
- Assisting insurers in reviewing and updating their mining rehabilitation guarantee policies following the introduction of the NEMA Financial Provisioning Regulations.
- Advising a leading mining rehabilitation insurer following demands on multiple environmental bonds by the Department of Mineral Resources.
- Acting for insurers in litigation to recover environmental clean-up costs in excess of R17 million following a major fuel spill.
- Advising insurer on claim for clean-up costs relating to underground fuel tank leak following accident at fuel station.
- Advising insurer in claim relating to alleged fuel spill from underground tank.
- Representing insurers instituting recovery proceedings following major landslip and consequent damage to properties.
- Drafting bonds, bond securities and JBCC and FIDIC based construction contracts.
- Advising insurer in creation of new product to cover gap in market relating to liability for environmental clean-up costs.
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