We take care of all High Court, Regional Court and Magistrate Court litigation matters.
Civil Action is a case, or cause, instituted between two private persons or legal entities in a court of law. The term refers to any proceeding by a parties against one another in a court of law. Litigation is the actual term involving the process of going to a court in order to assist with the claim that a person or legal entity may have against another party.
The Civil Action is then brought to Court in which a plaintiff, a party who claims to have incurred loss as a result of a defendant’s actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff’s complaint. If the plaintiff is successful, judgment is in the plaintiff’s favour, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent interdict to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.
The conduct of a Civil Action is referred to as litigation. The plaintiffs and defendants are called litigants and the attorneys representing them are called litigators. The term litigation may also refer to the actual trial that is to take place in court.
Rules of civil procedure govern the conduct of a Civil Action in the common law adversarial system of dispute resolution. Procedural rules are constrained and informed by the specific Rules pertaining to the Court where the litigation is to take place. These rules of the particular procedures are very important for Attorneys to know and understand, because the litigants are the ones who dictate the timing and progression of the Civil Action. Failure to comply with the procedural rules may result in serious limitations that can affect the ability of one to present claims or defences at any subsequent trial, or even promote the dismissal of the Civil Action altogether. Henceforth it is important for you to choose the right Attorney to assist with your matter, as the outcome being sought relies on your Attorney’s understanding and interpretation of the procedural rules.
Civil Action can become additionally complicated as more parties become involved. Within a “single” Civil Action, there can be any number of claims and defences (all based on numerous laws) between any number of plaintiffs or defendants. Each of these participants can bring any number of claims and counterclaims against each other, and even bring additional parties into the Civil Action on either side after it progresses.
Make the right decision and let us be your voice (litigator) in court. Our expert Attorneys can assist with the following matters pertaining to litigation which include, inter alia:
- Landlord and tenant disputes
- Contractual disputes
- Rescission applications
- Debt collecting
- Property disputes or damages
- Motor vehicle accidents
- Business disputes
- Disputes between private persons
- Disputes between Companies / Business Entities