litigation

Bowman Gilfillan's knowledge-sharing ability and competence to bring pioneering solutions to our clients is facilitated through our vast national and global network.

The litigation practice offers its clients solutions in all areas of the law, but most notably in the following:

• Commercial
• Construction
• Contract
• Corporate
• Corporate recovery
• Constitutional advice and litigation
• Delict
• Forensic and white collar crime
• Insolvency
• Insurance
• Intellectual property
• Sport (in particular soccer)
• Matrimonial and domestic
• Medical malpractice  
• Property disputes
• Tax litigation

leading the way

Our attorneys are proactive in conducting and resolving disputes in the best interests of our clients and place much emphasis on the need to assist clients efficiently and as expediently as possible.

The Firm's diverse litigation practice serves many regular clients of the Firm as well as those who come to the Firm exclusively for its litigation capabilities.

We understand that defending the client's brand and using their resources efficiently is critical. Our litigators recognise that, while some of our clients consider litigation to be one of the weapons in their commercial arsenal, many regard it as an expensive, risky necessity.

We therefore ensure that alternative dispute resolution mechanisms are always assessed, not only in relation to time and cost, but also in relation to each client's ultimate aims and business objectives.

our expertise and experience

Our litigation department is a full-service department, with significant depth, covering all areas of litigation and is regarded as one of the pre-eminent litigation teams in the country.

We enjoy a high degree of specialisation in the various units that make up the dispute resolution/litigation department, ensuring that clients get the best expertise. Our litigation department is based mainly in Johannesburg and Cape Town, but we are instructed by large national and international clients to represent them throughout the Republic of South Africa and other African Jurisdictions.

Our team of commercial litigation specialists is well placed to analyse commercial litigation disputes and identify creative solutions, and to prevent disputes from escalating to the point where they have to be resolved by a court. If court-based litigation is ultimately unavoidable, our approach is to try to resolve any disputes in a cost-effective manner that is aimed at generating results which are commercially appropriate to our clients' needs.

We render professional, quality legal advice across most areas of the law, and our team of lawyers has particular experience in banking, construction, engineering, mining, insolvency, debt recovery, IT, protection of intellectual property rights, medical malpractice, family law, forensic services and white collar crime, tax and aeronautics. We advise clients on the protection of confidential business, technical, scientific and research information. We have worked closely with clients in regard to disputes before regulatory bodies like the Johannesburg Stock Exchange (JSE) and the Securities Regulation Panel (SRP). 

With the development of the firm's African Group, we are able to offer a broad scope of legal services to support our litigation and arbitration lawyers in proceedings elsewhere in Africa.

our services

Our litigation department is well-placed to offer clients outstanding advice and provide a professional and efficient legal service, whether in a court room, arbitration, tribunal hearing or other dispute resolution forum.

commercial and corporate

Our litigators help resolve disputes arising from the infringement of commercial contracts, as well as post-acquisition issues, distributorship agreements and offices' and directors' legal responsibility. We also assist our corporate department in private equity, mergers, securities, acquisitions and all forms of debt finance. We frequently work together with the in-house legal departments of large corporate clients.

construction

We have successfully represented many prominent construction and engineering companies and mining houses in litigation and arbitration proceedings both in South Africa and beyond our borders.

contract

Our litigators have advised on and drafted various types of contracts, including those for the sale and supply of goods and services, partnering agreements, licensing and franchising arrangements, standard terms and conditions, consultancy agreements, agency agreements, outsourcing agreements, confidentiality and trade secrets and facilities management.

We act both for service suppliers and for those procuring or processing services and are well-positioned to achieve successful commercial outcomes.

corporate recovery

We undertake all aspects of insolvency (corporate and personal), corporate recovery and debt processing.

constitutional advice and litigation

We have experience in a range of constitutional and public law matters, particularly labour and environmental issues, and have represented parties in the Constitutional Court in a diverse range of matters. We represented the CCMA in a challenge concerning reviews of decisions by CCMA commissioners, the Minister of Intelligence Services in the Billy Masetlha case and the IEC in several matters. Bowman Gilfillan acted for Alix Carmichele in the famous Carmichele decision concerning a delictual claim against the Minister of Safety and Security. We have also represented public interest organisations as Friends of the Court in various matters and have brought and defended Constitutional Court cases on behalf of corporate clients.

forensic and while collar crime

Our approach to forensic investigation aims to reduce, control and prevent business-related crime, including fraud. Our team is particularly knowledgeable and experienced in conducting investigations, applying the law of evidence and carrying out investigative legal procedures. We have the necessary interrogative litigation skills to investigate and institute civil, disciplinary or criminal proceedings and recover whatever losses may have been sustained.

fraud prevention and training

Our team has developed comprehensive fraud prevention strategies for clients and conducts regular fraud training, which is packaged to suit client needs.

insolvency

Our litigators work directly with clients in structuring sophisticated commercial transactions to identify and minimize the effects of insolvency, offering leading insolvency solutions.

insurance and banking

We have, for over a hundred years, acted for one of the major banks in the country. We also represent other financial institutions and insurance companies.

intellectual property

Our IP litigation team has particular expertise in enforcing intellectual property rights such as patents, trade marks and copyright and in the prevention of counterfeiting.

matrimonial

The primary focus of our family law division is divorce. The matrimonial team strives to resolve as many divorces as possible through the more cost-effective and amicable route of mediation. Our team has expertise in the fields of maintenance, custody, domestic violence, international child abduction and relocation matters, as well as the drafting of ante-nuptial contracts and co-habitation agreements.

medical malpractice

Our experienced and dedicated team understands the complex issues related to personal injury and medical law.

property

We have dedicated lawyers specialising in property disputes. Their knowledge and experience is used assertively and creatively for our clients.

sport (in particular soccer)

Our involvement in legal challenges in the sport of football has led to our appointment as arbitrators to FIFA's international dispute resolution chamber. Michael Murphy, one of our partners, has been the lead attorney in many of the disputes that have shaped the development of sport law in South Africa. He consults to associations and clubs at all levels. We are involved in public-interest litigation and specifically the development of the common law and protection of rights in light of the South African Constitution.

tax litigation

We have a team dedicated to tax disputes litigation and resolution which aims to settle tax disputes as amicably as possible. Our team includes tax experts, as well as skilled administrators and litigators.