Civil & Commercial litigation

We have a strategic approach to suit your individual needs when it comes to civil and commercial litigation to protect and enforce your rights. Litigation can be a complex process of resolving disputes between individuals or companies, and these disputes can arise from a variety of issues, including contractual disputes, personal injury claims, property related disputes, employment grievances and more. Usually mediation and arbitration are common alternative dispute resolution methods to civil and commercial litigation, often preferred over traditional litigation due to their confidentiality, efficiency, and cost-effectiveness but it doesn’t succeed in all instances.

Litigation is a complex and sometimes lengthy process which may have a lot of legal intricacies to navigate that requires careful consideration and expert legal advice from attorneys you should trust. Understanding the key stages and processes and the importance of alternative dispute resolution can help parties navigate the legal system effectively.

In civil and commercial litigation matters, the plaintiff typically bears the burden of proof, which is usually a “balance of probabilities” standard in South Africa. This means the plaintiff must prove his or her claim which is more likely than not to be true. The usual procedure for civil and commercial litigation is the pleadings stage, discovery stage, pre-trial stage, trial proceedings, judgment and execution. Civil and commercial litigation can be complex and time-consuming. It is crucial to consult with an attorney to understand your rights and options. Our experienced attorneys at Smith Inc. can guide you through the process, protect your interests, and increase your chances of a favorable outcome.

Some of our areas of practice

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We invite you to contact our offices today to get in touch with one of our legal experts to enquire about our areas of practice to suit your specific legal needs.