LITIGATION ATTORNEYS IN CAPE TOWN AND JOHANNESBURG
– Litigation with a personal touch, cost effective strategy and professional approach –
WHAT IS LITIGATION?
Although litigation may not be the first thing that comes to mind when you think about resolving a dispute, it has become an integral part of our society in resolving disputes. Litigation refers to taking legal action through the courts to resolve conflicts or seek redress for a wrong. This can include civil lawsuits, criminal trials, and appeals. Litigation can be defined as: “Any judicial proceeding between parties involving issues which are within the jurisdiction of courts; especially any civil action seeking redress for injuries suffered”.
The rules and procedures that govern the litigation process in South Africa are set out in the Magistrates’ Court Act 32 of 1944 and the Superior Court Act 10 of 2013, as well as other relevant legislation. Litigation can be complex and time-consuming, and parties should seek legal advice before pursuing litigation.
TIPS ON ENSURING COST-EFFECTIVE LITIGATION
There are several ways to ensure cost-effective litigation:
Civil law refers to the laws that organise private relationships between individuals and organisations, including disputes about contracts, property, and family law. It is based on the provisions of the Civil Procedure Act 25 of 1965, various laws and legislation such as the National Credit Act 32 of 2005, the decisions of the courts and the common law principles of justice.
Criminal law is the body of laws regulating criminal behaviour and punishing those who engage in illegal activities. It is designed to protect society and maintain order and is governed by the provisions of the Criminal Procedure Act 51 of 1977 and the common law principles of justice.
An accused person can apply for bail for most criminal offences, regardless of the severity of the crime. However, the granting of bail is at the discretion of the court, and certain factors will be considered, such as the nature and severity of the crime, the likelihood of the accused committing further crimes, and the strength of the prosecution’s case against the accused.
Julies Attorneys specialise in labour and workplace disputes that are resolved through various channels, such as the Commission for Conciliation, Mediation and Arbitration (CCMA), the Labour Court, and the Bargaining Council. It’s important to note that the Labour Relations Act provides a framework for resolving labour disputes.
South Africans are experiencing high levels of consumer debt and are defaulting on their financial commitments. The National Credit Act 34 of 2005 has made it easy for consumers to inform creditors of their inability to pay and dispute or contest debts.