Litigation and Dispute Resolution Attorneys

Action proceedings usually involve summons, pleadings, oral evidence and trial. Application proceedings are usually based on affidavits and are used where disputes of fact can be resolved on paper or where the rules allow. Choosing the wrong procedure can cause delay and cost.

Note the date and method of service, keep the envelope and documents, and obtain legal advice immediately. Summons often has strict time periods for entering appearance to defend. Ignoring it may lead to default judgment.

Yes. Many disputes settle after documents clarify the issues or after negotiations. A settlement should be properly recorded, signed by authorised parties and, where appropriate, made an order of court. Poorly drafted settlements often cause fresh disputes.

An urgent application asks the court to hear a matter faster than ordinary time periods allow because waiting would cause prejudice that cannot be adequately repaired later. Urgency must be genuine and explained. Courts may refuse matters that are self-created or poorly prepared.

An interdict is a court order requiring a person to do or stop doing something. It may be interim or final. The requirements depend on the type of interdict and evidence. It is often used to prevent immediate harm.

Default judgment may be granted when a defendant fails to take required procedural steps after being served. It can have serious consequences, including enforcement and credit impact. Rescission may be possible in some cases, but strict requirements and time periods apply.

Evidence is central. Contracts, invoices, photos, correspondence, witness statements and expert reports may determine the outcome. Clients should preserve documents and avoid deleting messages or creating inconsistent records.

A person may appear in some matters without an attorney, but court procedure is technical and mistakes can be costly. Businesses and complex disputes often require professional assistance. Legal advice helps assess whether self-representation is realistic.

Not necessarily. Courts may award costs, but recoverable costs are usually assessed on a scale and may not equal actual attorney-client costs. Cost exposure should be considered when deciding whether to litigate or settle.

Timing depends on the court, urgency, complexity, opposition, evidence and interlocutory disputes. Some applications can be resolved relatively quickly, while defended trials may take much longer. An attorney can provide a realistic procedural roadmap after reviewing the matter.