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LitigationCommercial Litigation

Our commercial litigation specialists are well placed to analyse commercial disputes and identify creative solutions that prevent disputes from escalating to the point where they have to be resolved by a court. We understand that defending the client’s brand and using their resources efficiently is critical.

Our litigators recognise that, while some of our clients consider litigation to be one of the weapons in their commercial arsenal, many regard it as an expensive and risky necessity. We therefore ensure that alternative dispute resolution mechanisms are always assessed, not only in relation to time and cost, but also in relation to each client’s ultimate aim and business objectives.

If formal litigation is ultimately unavoidable, our approach is to try to resolve any disputes in a cost-effective manner, aimed at generating results that are commercially appropriate to our clients’ needs. e.g. mediation / arbitration

Recent articles

Does Your Dog Bite? Your (Substantial) Risk Remains - Dog owners (in fact owners of any potentially dangerous domesticated animal) should take note of the Supreme Court of Appeal (SCA)’s recent refusal to extend the legal defences open to you if you are sued for injuries and losses caused by your animal. Your risk is substantial – the dog owner in this case is […]
Your Written Contract Should Cover Everything – No Oral Evidence Allowed! - Here’s another warning from our courts to make sure that all your contracts are properly drawn to reflect both accurately and fully what you have agreed to. The problem with leaving anything out – or agreeing to something that isn’t then fully recorded in your contract – is a principle in our law known as […]
Beware the Building Deadlines When Buying-to-Build - The case of Walker and Another v Cilantro Residential Estate Homeowners Association (A3067/16) [2016] ZAGPJHC 299 is yet another warning from our courts to take seriously the building deadlines commonly imposed on buyers of plots in residential estates. Failure to comply with them could expose you to heavy fines, recurring penalties and even the risk of […]
Selling Your House: Disclosing Defects - When you sell anything, our law requires that you deliver it to the buyer without any defects. That’s not easily achieved with property and you should always protect yourself with a voetstoots (“as is” or “without any warranty”) clause in your sale agreement. A recent High Court decision in the case of Van Rooyen v Brown […]
Suing an Insolvent Debtor – Can You Recover from his Trust? - Your debtor owes you a fortune, but when his estate is sequestrated there is nothing in his own name. However you find out that he is trustee of a wealthy family trust with lots of assets that you think are really his – can you recover from his trust? The answer is yes, you can, […]