The appellant sustained serious bodily injuries in a motor vehicle collision on 1 March 2003. In March 2004, his attorneys issued summons against the Road Accident Fund in the Pretoria Magistrates' Court. During 2004-2007, various medical reports were obtained showing that the appellant's claim exceeded the magistrates' court jurisdiction of R100 000, with future medical expenses alone estimated between R100 000 and R133 000. Despite this knowledge, the appellant's attorneys amended the particulars of claim in April 2005 to R99 000 (below the magistrates' court limit). In June 2008, the appellant's attorneys wrote to the Fund requesting consent to transfer the case to the high court. When no response was received, the appellant launched an application in the North Gauteng High Court for transfer of the case from the magistrates' court. By this time, any fresh claim in the high court for amounts beyond the magistrates' court jurisdiction had prescribed.