Reg. 2020/761565/21

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Litigation

High Court and Magistrates’ Court litigation services

Pleadings, trials, appeals and alternative dispute resolution in the High Courts and Magistrates’ Courts across South Africa.

When a dispute cannot be settled, the quality of the preparation shows. We draft the pleadings, run the trial, cross-examine and argue the law — and we are equally willing to resolve a matter by negotiation, mediation or arbitration where that gets the client a better result at a lower cost.

Our team has appeared in High Courts across the country. Where matters were litigated, the practice has recorded a success rate above 90%, with a number of cases settled favourably before judgment.

Court representation and attorney

Civil and criminal cases — we represent clients in civil claims between individuals or organisations and in criminal defence matters that fall within the High Court’s jurisdiction.

Presenting evidence and arguing cases — presenting evidence, cross-examining witnesses and arguing points of law to advance your interests in court.

Appeals and reviews — the processes for appealing an adverse judgment, or reviewing a procedural irregularity from a Magistrates’ Court, in the High Court with jurisdiction.

Dispute resolution and strategy

Negotiation and mediation — we engage actively in negotiation and alternative dispute resolution, including mediation and arbitration, to resolve disputes efficiently outside a formal trial where that benefits the client.

Strategic counsel and advice — clear advice on your rights, obligations, likely outcomes and the most effective strategy, from the outset of the dispute.

Legal preparation and research

Drafting and review of legal documents — pleadings, including statements of claim and defence, notices, motions and contracts are drafted and reviewed meticulously, because the paperwork is the foundation of the case.

Thorough legal research — we research the current South African precedents and legislative changes that support the argument we intend to run.

Courtroom procedure and formalities — the rules, directives and practice of each court are followed precisely, because procedure decides cases as often as substance does.

Why choose us for your dispute

Litigation needs precision and perseverance, and a working knowledge of South African court procedure. We give proactive, strategic representation aimed at the best outcome available for your situation rather than the most activity. If you have a dispute, tell us the facts and we will tell you honestly whether to negotiate, mediate or litigate.

Answers

Frequently asked questions

Where does the Magistrates' Court jurisdiction end and the High Court begin?

It depends on the monetary value and the type of claim. The Magistrates’ Courts Act sets monetary limits for the district and regional courts, and certain matters — for example, specific performance without an alternative damages claim, and most matters concerning status — are reserved to the High Court. We advise on forum at the outset, because choosing the wrong court is expensive.

Do all disputes have to go to trial?

No. A large share of matters are resolved by negotiation, mediation or arbitration, or by settlement after the pleadings close. Litigation is a tool, not the objective. We tell clients when a settlement is the better commercial outcome.

How do I stop a claim from prescribing?

Prescription extinguishes a debt after a period set by the Prescription Act — three years for most debts, with shorter periods in some cases. The way to interrupt it is by serving a summons or a letter of demand that meets the statutory requirements. If you think a claim may be nearing prescription, contact us immediately.

Next step

Tell us what is happening and we will tell you what it takes

A first conversation costs you nothing and usually clarifies more than a page of general information. Consultations are available in Northriding, Johannesburg and in Pretoria Central.

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