LITIGATION & GENERAL PRACTICE
Creative, efficient and cost-effective solutions
In the area of Litigation, we set out to negotiate a fair and equitable settlement for you, while protecting your rights and interests. Should we not reach a settlement through negotiation, only then will we take a matter to trial. The cost of a trial will depend on the complexity of the matter and the time needed to complete it.
The critical question you do need to ask yourself at the beginning of the process is whether the matter is worth pursuing. If you lose the case, you risk having to pay the other side’s costs (on the party and party scale). Some agreements provide for recovery of attorney client costs but even in those instances, not all costs are recoverable. Our experience counts in assessing the viability of your case and helping you to make this decision.
COMMERCIAL
Your business is our business
We make your business, our business. Knowing the ins and outs of how your enterprise operates is essential for us to solve any problems
you may have, currently or in the future. Our approach is hands-on, and practical. We pride ourselves on the production of clearly worded,
user-friendly agreements.
We specialise in the following matters:
COLLECTIONS
Is calling for money taking up your precious working hours?
Cash flow is still the biggest single factor as to why most businesses fail, so we understand why you need to chase money that’s overdue. But there’s no need for you to lose focus of your core business. Our collections department has powerful systems in place, and is eager to get your money for you. Call 021 797 8191 and let us take the pressure off you, while you keep doing what you do best.
Our collections fees are based on the tariffs laid down by the Magistrate's Court Act and by our own professional controlling body. We endeavour to collect, insofar as the Magistrate's Court Act allows, all the legal costs from the debtors. Where the Law does not permit the recovery of a cost item, we will attempt to secure payment of that item by way of agreement with the debtor. In appropriate circumstances and subject to certain formal requirements, to charge our fees on a contingency or "no-win no-pay" basis. Feel free to approach us to discuss this option.
We can help with the recovery of outstanding debt in respect of:
CORRESPONDENT PRACTICE
Your Cape Town Correspondent
We offer a competitive service to other attorneys who require assistance with a matter at either the Wynberg Magistrate and Wynberg Regional Courts and Cape Town Court, and are situated further than 15 km from there.
We accept referrals and instructions from colleagues in
• Collections
• Commercial
• Litigation
• Notarial
• Property
• Wills & Estates
EXPLANATION OF COSTS
Party and party costs are costs allowed by the Court to a winning litigant, without an agreement to a different scale, and are set out in the Magistrate’s Court Act 32 of 1944. There is a rising scale A, B + C, based on the amount in dispute.
Attorney and client costs are on the same tariff as party and party costs (Scale C) but with more items allowable like communications between attorney and client which are not recoverable on the party and party scale. These costs are usually agreed to in a contract.
Attorney own client costs are the costs we charge the client when the client enters into a mandate with us and are based on an hourly rate. These costs are much higher than the legally recoverable costs so it is important to look at the initial amount in dispute to determine whether litigation is worthwhile.
Bill of costs. At the end of the matter the winning party has to prepare a bill of costs (on the party and party or attorney and client scale as the case may be). This is set down for taxation and is taxed to determine the correctness and reasonableness thereof before the losing side is due to pay it.
We focus on:
Creative, efficient and cost-effective solutions
In the area of Litigation, we set out to negotiate a fair and equitable settlement for you, while protecting your rights and interests. Should we not reach a settlement through negotiation, only then will we take a matter to trial. The cost of a trial will depend on the complexity of the matter and the time needed to complete it.
The critical question you do need to ask yourself at the beginning of the process is whether the matter is worth pursuing. If you lose the case, you risk having to pay the other side’s costs (on the party and party scale). Some agreements provide for recovery of attorney client costs but even in those instances, not all costs are recoverable. Our experience counts in assessing the viability of your case and helping you to make this decision.
COMMERCIAL
Your business is our business
We make your business, our business. Knowing the ins and outs of how your enterprise operates is essential for us to solve any problems
you may have, currently or in the future. Our approach is hands-on, and practical. We pride ourselves on the production of clearly worded,
user-friendly agreements.
We specialise in the following matters:
- The buying and selling of businesses
- The setting up of business entities
- Resolving disputes between partners, business associates and competitors
- The flotation or acquisition of companies and close corporations
- The drafting of commercial and residential leases
- The drafting of agreements between natural persons and legal entities
- The drafting of partnership, membership and shareholder agreements
- The checking of contracts
- The drafting of employment contracts
- The drafting of distribution agreements, confidentiality agreements and agreements covering the full spectrum of economic endeavour.
COLLECTIONS
Is calling for money taking up your precious working hours?
Cash flow is still the biggest single factor as to why most businesses fail, so we understand why you need to chase money that’s overdue. But there’s no need for you to lose focus of your core business. Our collections department has powerful systems in place, and is eager to get your money for you. Call 021 797 8191 and let us take the pressure off you, while you keep doing what you do best.
Our collections fees are based on the tariffs laid down by the Magistrate's Court Act and by our own professional controlling body. We endeavour to collect, insofar as the Magistrate's Court Act allows, all the legal costs from the debtors. Where the Law does not permit the recovery of a cost item, we will attempt to secure payment of that item by way of agreement with the debtor. In appropriate circumstances and subject to certain formal requirements, to charge our fees on a contingency or "no-win no-pay" basis. Feel free to approach us to discuss this option.
We can help with the recovery of outstanding debt in respect of:
- Sectional title levies and home owner’s association levies
- Unpaid debts
- Arrear school fees
- Payment for goods sold and delivered
- Payment for services rendered
- Unpaid loans
- Unpaid car instalments
- Default payments on hire purchase agreements
- Arrear rental
CORRESPONDENT PRACTICE
Your Cape Town Correspondent
We offer a competitive service to other attorneys who require assistance with a matter at either the Wynberg Magistrate and Wynberg Regional Courts and Cape Town Court, and are situated further than 15 km from there.
We accept referrals and instructions from colleagues in
• Collections
• Commercial
• Litigation
• Notarial
• Property
• Wills & Estates
EXPLANATION OF COSTS
Party and party costs are costs allowed by the Court to a winning litigant, without an agreement to a different scale, and are set out in the Magistrate’s Court Act 32 of 1944. There is a rising scale A, B + C, based on the amount in dispute.
Attorney and client costs are on the same tariff as party and party costs (Scale C) but with more items allowable like communications between attorney and client which are not recoverable on the party and party scale. These costs are usually agreed to in a contract.
Attorney own client costs are the costs we charge the client when the client enters into a mandate with us and are based on an hourly rate. These costs are much higher than the legally recoverable costs so it is important to look at the initial amount in dispute to determine whether litigation is worthwhile.
Bill of costs. At the end of the matter the winning party has to prepare a bill of costs (on the party and party or attorney and client scale as the case may be). This is set down for taxation and is taxed to determine the correctness and reasonableness thereof before the losing side is due to pay it.
We focus on:
- General civil litigation in the Magistrate's, Regional and High Courts
- Motor collisions and personal injury claims (third party claims)
- Family law: divorce, custody, maintenance and parenting plans
- Resolving family and neighbourhood disputes
- Collecting arrear rentals and evictions with regard to commercial and residential properties
- Drafting of building contracts and settling and resolving building and construction disputes
- Advice on and resolving any disputes and contractual breaches
| divorce_2019.pdf |
| -_evictions_2019.pdf |
| collections-2019.pdf |
| civil_litigation_2019.pdf |
