Commercial Litigation

Trust Disputes

Trusts are complex entities and it is common for confusion and disputes to arise. In addition to drafting trust deeds and advising on the rights and obligations of trustees and beneficiaries, we are well positioned to represent you in a personable and efficient manner both in settlement negotiations and thereafter.

Franchisor / Franchisee Disputes

Whether you are a franchisor or a franchisee, we can advise and assist you with enforcing contractual obligations arising from your franchise relationship, including termination and damages actions, restraints of trade and unlawful competition disputes.

Property and Sectional Title Litigation

Sectional Title

While living in a sectional title community has many benefits, often issues arise between neighbours, requiring professional guidance. We can assist you with a wide variety of disputes occurring in the sectional title industry including, but not limited to:

  • Arrear levy collections, both defended and undefended;
  • Advice pertaining to the Sectional Titles Act and its management and conduct rules;
  • Advice pertaining to illegal extensions, alterations, unlawful additions to common property and other disputes arising out of the Sectional Titles Act;
  • Contractual disputes between the Body Corporate and service level providers such as private contractors;
  • Representation at Prescribed Management Rule 71 Arbitrations.

Commercial and Residential Evictions:

Tenants can be a blessing or a curse. If you have a bad tenant, having to evict that tenant can be traumatic, especially where residential property is concerned. If you are a landlord, we can assist you with evictions, either in the Magistrates Court where judgment is granted and a subsequent PIE eviction order obtained (for residential evictions), or ejectment proceedings in the High Court where a quicker remedy is available if the circumstances warrant it.

Landlord and Tenant Disputes

Leases are often fraught with disputes and it is sometimes difficult to interpret a poorly-worded lease. We can assist you with interpreting your lease and represent you in lease disputes, whether this takes the form of mediation, negotiation or litigation, to ensure a cost-effective, quick resolution. Given the experience of our professionals in this area of law, we are also able to review your commercial or residential lease and suggest amendments, if appropriate, to reduce the risk of future disputes.

General Litigation

The prospect of going to court in a litigation matter can be daunting, whether you are the plaintiff or the defendant. We offer experienced, capable, and efficient legal representation in various forums and on various matters, both delictual and contractual. As soon as possible after taking instructions, we aim to give you a full assessment of the matter from a legal and commercial perspective, advise on the prospects of success should you decide to pursue or defend the matter, and prepare thoroughly to represent you in any hearing.

We also offer an efficient debt collection service. The crux of debt collection is proper assessment of your claim to minimize the risk of “throwing good money after bad”, and thereafter utilising all available options to maximize your prospects of a quick recovery at a reasonable cost.

Insolvency Law

Liquidations, Sequestrations and Business Rescue

If a company gets into financial difficulty, it can be placed in business rescue or, if there is no prospect of recovery, liquidation may be called for. Administration, debt review and sequestration apply to individuals in financial difficulty. A change to your financial status, whether you are a company or an individual, will affect both your rights and obligations and those of your creditors. We have experience in advising our clients on these issues and have instituted a number of High Court applications for sequestration and liquidation on behalf of creditors.