Navigating Civil Litigation in South Africa: Why you need McNaught & Co in your corner

“Discourage litigation. Persuade your neighbours to compromise whenever you can. As a peacemaker the lawyer has superior opportunity of being a good man. There will still be business enough.”
- Abraham Lincoln.

While we wholeheartedly agree with Lincoln’s depiction of a lawyer as a peacekeeper, we know that sometimes litigation is the only solution. Legal disputes can emerge unexpectedly, affecting both individuals and businesses. Civil litigation is the legal process used to resolve non-criminal disputes between parties, often involving claims for monetary compensation or specific performance. At McNaught & Co, our seasoned litigation attorneys are equipped to advise, assist, and represent clients in all facets of civil law litigation and arbitration.​

Our Litigation attorneys have the experience to advise, assist and represent individual and corporate clients in all aspects of civil law litigation and arbitration. 

Common Types of Civil Litigation Cases

Civil litigation encompasses a broad spectrum of disputes. Some of the most common cases we handle include:​

• Contract Disputes: Disagreements arising from the terms of a contract.​
• Negligence Claims: Cases where harm is caused due to another party's failure to exercise reasonable care.​
• Property Disputes: Conflicts over property ownership, boundaries, or usage rights.​
• Landlord and Tenant Disputes: Issues related to lease agreements, evictions, or property maintenance.​
• Intellectual Property Disputes: Conflicts over the use or ownership of trademarks, copyrights, or patents.​
• Employment Disputes: Issues arising between employers and employees, such as wrongful dismissal or discrimination claims.​
• Debt Recovery: Assisting clients in recovering monies owed to them.​

The Civil Litigation Process in South Africa

In South Africa, civil litigation follows a structured process governed by formal rules and standards. The process typically involves the exchange of documents, adherence to time limits, compliance with court procedures, and culminates in a trial or hearing. There are two primary forms of litigation:​

1. Action Proceedings: These are initiated by a summons and involve oral evidence presented by witnesses during a trial.​
   
2. Application Proceedings: These commence with a notice of motion supported by affidavits, with arguments presented based on written documents rather than oral testimony.​

Understanding which form of proceeding is appropriate is crucial, as using the incorrect form can lead to delays or adverse cost orders.​

Tailored Legal Solutions for Optimal Outcomes

At McNaught & Co, we recognise that each client's situation is unique. By thoroughly understanding all relevant circumstances, we provide tailored advice designed to achieve the best possible outcome. Our commitment to excellence and continuous improvement ensures that we deliver quality legal services that meet your specific needs.​

Building Lasting Client Relationships

We take pride in standing by your side throughout the litigation process. Our approachable and accessible culture fosters strong relationships built on trust and understanding. By prioritizing clear communication and personalized service, we ensure that you feel seen, heard, and valued.​

Navigating the complexities of civil litigation requires expertise, dedication, and a client-focused approach. With over 40 years of experience, McNaught & Co is well-equipped to guide you through the legal process, advocating for your interests every step of the way. Whether you're dealing with a contract dispute, property issue, or any other civil matter, our team is here to provide the support and representation you need.​

And there’s just one other hole in Lincoln’s observations - we know that there are not only many good men in our profession now, but many good women.

For more information or to schedule a one-on-one consultation, please visit our website or contact us directly on
+27 (0)87 021 0123 or [email protected].