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introduction
Bowman Gilfillan 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.
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.
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articles
- Does a plaintiff have a right to invoke an arbitration clause after commencement of an action?
Aveng (Africa) Ltd brought an application against Midros Investments (Pty) Ltd in the KwaZulu Natal High Court to stay the action Aveng had instituted a few years earlier in order to pursue its claim by way of arbitration.
The parties had concluded a contract in terms of which Aveng, the applicant (and the plaintiff in the main action), built a shopping mall and car park in Phoenix (Durban) for Midros. In 2005, Aveng instituted action against Midros to recover approximately R1.5 million as the balance of the price payable to it for the contract works.
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- Allegations of Judicial Bias - the quashing of a dubious litigation strategy
The independence and impartiality of our judiciary is crucial to the administration of justice in South Africa. Furthermore, it is a fundamental part of our constitutional order that not only are our courts independent and impartial, but that they are also seen to be so. It is for this reason that litigants with a reasonable apprehension that the judicial officer hearing their case is biased against them may lodge a complaint and request that the judge recuse him or herself.
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- Provisional Sentence: Scope of Court's Discretion Expanded
Provisional sentence proceedings provide a speedy remedy to a creditor whose claim is founded on a liquid document . In order to succeed, the creditor must allege in her summons that the document relied upon is genuine and on the face of it the amount claimed is due and payable.
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- The Impact of the National Credit Act on Loans Concluded within the Course and Scope of an Employment Relationship
We are regularly approached by clients to advise on the applicability of the National Credit Act 34 of 2005 (the "Act") to their businesses. The Act becomes particularly relevant where clients engage in various types of loan transactions with their employees in circumstances where these loans potentially amount to "credit transactions" under the Act.
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- Putting a price on it: assessing the quantum of a claim for damages
Ascribing a monetary amount to the loss a plaintiff has suffered, whether this loss is due to bodily injuries, a loss of profits or the loss of a financial opportunity can never be a straightforward exercise. In particular, where the loss is contingent on uncertain future events the court is faced with a challenge that requires a real exercise of its discretion and skill.
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- The advantages and disadvantages of arbitration in south africa
Arbitration in South Africa is a form of dispute resolution that is an alternative to the court system. Generally, the proceedings of arbitration are very similar to trial proceedings. In large commercial matters, arbitration can be preferable to trial for a number of reasons.
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- The "can't pay now can't argue later" principle
In terms of Rule 8 of the Uniform Rules of Court summons can be instituted for provisional sentence so long as such claim is based on a liquid document, liquidated sum of money or ejectment. The purpose of the rule is to provide an expeditious manner in which to bring to court such claims.
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| team members focus |
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Haroon Laher
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Haroon Laher is a partner and he specialises in insolvency-related and commercial, real estate and banking litigation. Over the years Haroon has represented major banks, financial institutions and corporate entities in aspects of insolvency law and litigation.
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Adam Harris
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Adam Harris is a director of Bowman Gilfillan and specialises in insolvency, business restructuring and related fields. He is a Director of INSOL, the international body which represents Insolvency and business restructuring professionals worldwide. Adam is also the author of "Mars - The Law of Insolvency in SA".
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Jason Sewanyana
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Jason Sewanyana is a senior associate specialises in commercial litigation, arbitration, bankruptcy, insolvency and restructuring dispute resolution. He is also a member of the Association of Insolvency Practitioners of Southern Africa.
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Bianca Masterton
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Bianca Masterton is a senior associate specialising in commercial and banking litigation, with a particular emphasis on insolvency and restructuring. Bianca has advised many banks and creditors in litigious matters.
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