Civil & Commercial Litigation

Act as if the answer were "no time at all". The summons itself states the period - typically ten court days to deliver a notice of intention to defend, and the days between 16 December and 15 January do not count. Miss it, and the plaintiff may take default judgment against you without your side ever being heard. Setting a default judgment aside afterwards is possible but harder, dearer and less certain than defending in time.

Do not run the calculation yourself and do not sit on the papers while you think. Bring the summons in immediately - the earlier we see it, the more options you have, including the option of settling it sensibly before costs mount.

Mostly money, partly subject matter. A district magistrate's court hears claims up to R200,000 and a regional court up to R400,000, under the current Ministerial determination; above that, the High Court. Some matters belong in a particular court regardless of amount, and regional courts also hear divorces.

Why it matters to you: the courts run on different cost scales, and litigating a modest claim in the High Court can be punished in costs even if you win. Part of our job at the first consultation is simply putting your matter in the right room.

Often, yes - and an attorney who never tells you so is not advising you, but billing you. Most cases settle, because trial is slow, expensive and uncertain, and because a settlement you shape is frequently worth more than a judgment you gamble on. A well-timed offer also carries costs consequences for the side that unreasonably refuses it.

But not always. Some claims are worth fighting to the end; some opponents only take a firm answer seriously; and some settlements on offer are worse than the risk of trial. What you will get from us is the honest arithmetic - what the fight costs, what the offer is worth, and what we would do in your chair - and the decision remains yours.

The usual rule is that the loser pays the winner's costs - but two truths soften and sharpen that in one breath. Softer: costs are always in the court's discretion, and the usual order is on the party-and-party scale, which covers only a portion of what the winner actually spent. Sharper: that cuts both ways, so even winning never recovers everything, and losing means paying your own attorney and a good share of theirs.

This is exactly why the settlement question above is asked in every matter, at every stage - the costs exposure is part of the honest arithmetic, from the first consultation onward.

A rough estimate is given at the consultation - and it is honestly rough, because litigation can follow too many paths for a fixed figure. Each fork in the road - defended or not, settled or fought, interlocutory skirmishes or none - changes the number. What you will have from us is a clear picture of the next stage's cost before we take it, every time.

We will not pretend to know. It depends on whether the matter is defended, what is disputed, the court's roll and the other side's appetite. Unopposed matters conclude in months; hard-fought ones take years. What we commit to is momentum - every step taken as soon as the rules allow - and honesty when the timeline changes.

We would prefer it. A great deal is lost over email, and these are matters where sitting across a desk from one another makes a real difference. Where the distance genuinely makes that impractical, we consult by video call instead.

No. We advise in consultation. A message is the right way to arrange an appointment, but not the right way to receive advice on something this consequential.

The summons or letter you have received, the contract or documents in dispute, and a timeline of what happened. If you have nothing, come anyway - it is better to start the conversation than to wait until the file is tidy.

Telephone 087 133 3595, or send the short form on this site. We will contact you to arrange a date and time.