Litigation

Litigation in South Africa refers to the legal process of resolving disputes through court proceedings. It involves the representation of clients in various types of legal cases before courts or tribunals. Litigation covers a wide range of legal services aimed at protecting clients' rights and interests during legal disputes. Here are some of the key legal services covered under litigation in South Africa:

1. Case Evaluation and Strategy:

  • Analyzing the client's case, gathering evidence, and advising on the strengths and weaknesses of the case.
  • Developing a legal strategy for the case, including potential legal arguments and avenues for resolution.

2. Pleadings and Documentation:

  • Drafting legal documents such as pleadings, complaints, answers, and counterclaims that set out the parties' positions and legal arguments.
  • Preparing court documents required for the initiation and progression of the case.

3. Court Representation:

  • Representing clients in court hearings, trials, and proceedings before various judicial bodies.
  • Presenting legal arguments, cross-examining witnesses, and making submissions on behalf of clients.

4. Civil Litigation:

  • Handling civil disputes between individuals, businesses, or organizations, including contract disputes, property disputes, and personal injury claims.

5. Commercial Litigation:

  • Representing clients in disputes related to commercial contracts, business transactions, shareholder disputes, and partnership disputes.

6. Family Law Litigation:

  • Handling cases related to family law matters, including divorce, child custody disputes, spousal support, and adoption proceedings.

7. Labour and Employment Litigation:

  • Representing clients in disputes arising from employment relationships, including unfair dismissals, labor disputes, and workplace discrimination cases.

8. Administrative Law Litigation:

  • Challenging administrative decisions made by government authorities through judicial review processes.

9. Constitutional Law Litigation:

  • Handling cases involving violations of constitutional rights and challenging legislation or government actions that infringe on individual rights.

10. Criminal Defense: - Defending individuals accused of criminal offenses in court, ensuring their rights are protected and that they receive a fair trial.

11. Appellate Litigation: - Handling appeals to higher courts to challenge lower court decisions or seek the reversal of unfavorable rulings.

12. Alternative Dispute Resolution (ADR): - Engaging in alternative methods of dispute resolution, such as negotiation, mediation, and arbitration, to settle cases without full litigation.

13. Debt Collection and Enforcement: - Assisting clients in recovering outstanding debts and pursuing legal action to enforce court judgments.

14. International Litigation: - Handling cases with an international dimension, such as cross-border disputes and enforcement of foreign court judgments.

Litigation attorneys play a crucial role in advocating for their clients' rights and interests within the legal system. They provide legal representation, advice, and expertise to guide clients through the complex process of resolving disputes through court proceedings.

LEXICON Specialists in Litigation

Paul Abernethy
Peter van Rooyen

The LEXICON team has substantial knowledge and experience at all levels of litigation.

Our services include:

  • Solving contractual disputes
  • Damages claims/disputes
  • Personal injury claims
  • Defamation suits
  • Insurance Law
  • Motor Vehicle Accident actions
  • Court appearances
  • Arbitration and mediation