Wim Cilliers

Full Profile

Wim has over 25 years' experience and specialises in all aspects of insurance law with a particular interest in all aspects of professional indemnity, construction law, and engineering claims, product liability, personal injury and medical malpractice, financial lines, directors' and officers' liability, fire claims and public liability as well as general liability insurance. He also advises on coverage disputes.

Wim also specialises in general commercial litigation as well as arbitrations and alternative dispute resolution processes. He also has experience in cross-border commercial litigation in SADC countries as well as in the European Union.

Wim attended the North West University where he obtained his BA Law and LLB degrees respectively 1994 and 1997. Wim completed part of his LLB at the University of Leuven in Belgium. He was admitted as an attorney in 2000. In 2002, he completed his LLM in commercial law at UNISA. Wim joined Clyde & Co in 2019 as partner.  Wim was previously a director at Gildenhuys Malatji since 2004.

Experience

• Acted as attorneys of record for the Armscor in a high-stakes legal dispute before the Civil Court of Lisbon. The case involves a $300 million (€192 million) claim related to an alleged commission agreement for the clandestine procurement of 50 Puma SA330 helicopters during the 1980s, in violation of UN sanctions. Our work has included complex jurisdictional arguments, substantive legal defenses—including prescription, waiver, nullity of contract, and state immunity—and collaboration with military experts to establish the intended military use of the helicopters. This matter is significant due to its geopolitical and historical implications, as well as its intricate cross-border legal considerations.
• Representing SHA (Pty) Ltd, on behalf of insurers, in litigation arising from an alleged oil spill at the insured’s manufacturing plant.
• Representing the insured liquidators, on behalf of insurers, in litigation initiated by a South African non-profit entity. Successfully argued a special plea of compromise in arbitration, leading to a favorable ruling that extinguished claims against the liquidators.
• Representing auditors facing 420 charges before the Independent Regulatory Board of Auditors (IRBA) related to their role in a high-profile investment scheme collapse. Provided defense in a partially heard four-week disciplinary hearing and a subsequent High Court application addressing further developments.
• Representing the insured asset manager in arbitration against a government pension fund regarding an alleged breach of an investment mandate related to specific investment decisions.
• Representing a private hospital, on behalf of insurers, in litigation involving allegations of negligent labor and delivery management, resulting in a minor’s quadriplegic cerebral palsy diagnosis.
• Represented insured auditors in a high-profile disciplinary hearing before IRBA, defending against 420 charges related to a property syndication scheme collapse. Successfully argued that regulatory directives, not professional oversights, contributed to the collapse.
• Represented the insured structural engineering firm in a high-value construction dispute involving design defects in a R500 million residential complex. Conducted a proactive liability assessment with a multidisciplinary expert team and facilitated a settlement of R100 million.
• Represented insurers in a complex product liability claim involving alleged defects in raw materials supplied for manufacturing. Defended against multiple alternative causes of action, including contractual, delictual, and statutory claims. Successfully opposed key interlocutory applications and strategically focused on contractual limitation of liability defenses. Settled the matter before arbitration for R65 million based on risk discounting considerations.
• Representing insured liquidators in a high-value claim alleging breach of duties and mismanagement. Successfully argued a special plea of compromise in arbitration, which was upheld on appeal. The matter now proceeds on the issue of liquidator liability.