LITIGATION
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.
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.
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 |
| civil_litigation_2019.pdf |
