Civil Litigation
Sometimes you have to sue. Often you have to be told you should not.
A civil dispute is a business decision as much as a legal one. Before anything is issued we work out what the claim is actually worth, what it will cost to pursue, and whether the other side can pay if you win. Firms that skip that conversation are not doing you a favour.
Handled by Peter & Mandy Jay · 62 years in practice
The situation
Where these disputes come from
- A contract has been breached and the other side has stopped responding.
- You have been sued, and the summons has a deadline you have already partly used up.
- Money is owed, promises keep being made, and nothing arrives.
- A professional or a supplier got it wrong and will not accept responsibility.
What the law says
What the law actually says
- Which court hears your matter depends largely on the amount claimed. The Magistrates’ Courts handle claims up to prescribed limits; above that, the High Court — and the cost difference between them is significant.
- Most debts prescribe after three years. Once a claim has prescribed it is generally unenforceable, no matter how sound it was.
- If you are served with a summons, the time limits are real. Ignoring one produces default judgment, which is far harder and more expensive to undo than to defend in the first place.
- A judgment is not money. Enforcing it against someone with no assets is a separate exercise, and it is the question to ask before issuing, not after winning.
How we handle it
- 01
Assess it honestly
Merits, quantum, cost, prescription, and whether the defendant can actually pay. If the numbers do not work we will tell you before you spend anything.
- 02
Demand properly
A well-drafted letter of demand resolves a substantial share of disputes, and costs a fraction of the alternative.
- 03
Issue and litigate
Summons, pleadings, discovery, trial. We keep you informed about cost as the matter progresses, not only at the end of it.
- 04
Settle or enforce
Most matters settle, and the right settlement at the right moment beats a better judgment two years later. Where enforcement is needed, we enforce.
What it costs
Litigation costs are driven by how hard the other side fights, which is not something either of us controls. We give you a realistic estimate per stage rather than one number for the whole case, and we will tell you when continuing stops making commercial sense — including when that is early.
What moves the number
- Which court the claim falls into, which is largely a function of the amount
- Whether the matter is defended, and how vigorously
- Whether expert evidence or counsel is required
- Whether enforcement is needed after judgment
How long it takes
A defended civil matter in South Africa commonly takes a year or more to reach trial. An undefended one can conclude in a matter of weeks. Which of the two you are in is usually clear early.
Common questions
Civil Litigation
I have been served with a summons. How long do I have?
Not long, and the clock started when it was served, not when you read it. Bring it to us immediately. Default judgment is the expensive outcome and it is entirely avoidable.
Is it worth suing for a small amount?
Often not, once costs are weighed — and we would rather say that than take the instruction. Where it is a smaller claim, the Small Claims Court exists and needs no attorney at all. We will point you there if that is genuinely the better route.
The debt is a few years old. Can I still claim?
Most debts prescribe after three years, so this is urgent rather than academic. Certain acts interrupt prescription, so it is worth checking rather than assuming — but check quickly.
If I win, do I get my legal costs back?
A successful party is usually awarded costs, but a costs award rarely covers what you actually paid your own attorney. Budget on the assumption that you will carry part of it, and treat anything recovered as a reduction rather than a refund.