Litigation

Adams & Adams offers a wide range of specialist practice areas organised under the Commercial, Property and Litigation (CPL) department. The department has been in existence for many decades and has shown significant growth over the past few years. The team currently comprises of eleven partners, three senior associates, six associates, nine professional assistants, with a large number of candidate attorneys, paralegals and other support staff.
Our Litigation Attorneys assist with high court actions and applications, in respect of disputes involving: Administrative law Banking law (including commercial disputes, negotiable instruments, foreclosures and repossessions) Building and construction disputes Competition law Constitutional law Construction and engineering law Contractual, corporate and commercial matters Enforcement and protection of contractual and delictual rights Family law and matrimonial disputes Insolvency, including liquidation of companies and close corporations, and sequestration of trusts and individual users Insurance law Labour law and employment Personal injury claims, including those arising out of motor vehicle accidents, medical negligence, assault, actions of animals, ultra vires actions of the state, and cases of vicarious liability Product liability, unfair business practices and consumer issues Professional negligence claims including those arising out of a failure to fulfil a mandate or to discharge a duty of care by legal professionals, doctors and hospitals Restraints of trade and unlawful competition Statutory and regulatory matters (advice on and resolution of disputes with regulators

We have a team of professionals with specific expertise and experience in both administrative and constitutional law, and service clients within both the public and private sectors in this regard.

Across the world, governments are taking steps to combat corruption and bribery and are adopting legislation to deal with these crimes. Adams & Adams can advise clients relating to the law in this regard.

Adams & Adams has one of the largest Anti-Counterfeiting teams, consisting of attorneys, as well as other professional and support staff, dedicated to combatting the trade in counterfeit goods in Africa. In addition, Adams & Adams is the only firm with internal investigators based across several jurisdictions, dedicated to pro-actively investigate and assist its clients with effective and sustainable Anti-Counterfeiting measures.

Our team is well informed and equipped to deal with any client queries related to the prevention and detection of counterfeiting as well as the enforcement of legal action across Africa to clamp down on counterfeit goods.

In instances where disputes cannot be resolved, a third party may become involved. Often, such disputes end up in court. However, disputes can also be resolved speedily and less formally through arbitration and alternative dispute resolution.

Adams & Adams has a team of experienced and highly skilled attorneys that can assist in this regard. We assist clients in arbitration proceedings in respect of all issues covered by our litigation services.

The impact of competition law (also known as antitrust law) on businesses is ever increasing. Adams & Adams has the expertise to guide local and international clients on all aspects relating to this developing area of the law.

In recent months, nearly every aspect of society has been affected by the COVID-19 pandemic. The construction industry has not been spared. Globally, businesses and economies have been brought to their knees and, in an ultra-globalized world, a tangled web of risks and challenges for employers, contractors and other stakeholders in the construction industry have emerged.

COVID-19 has not, broadly speaking, rendered construction projects impossible to complete, but it has drastically slowed them down and caused delay and disruption, even if only because supply chains have been severely disrupted. Depending on the region, many projects have even been stopped, usually however, with the intention to resume work at a later date.

In all areas of life, one often encounters differences in opinion. Unfortunately, it is also a fact of life that those differences often lead to disputes. In many instances, those disputes cannot be resolved unless a third party becomes involved. Often, such disputes end up in court. However, disputes can also be resolved speedily and less formally through arbitration and alternative dispute resolution.

Adams & Adams has a team of experienced and highly skilled attorneys that can assist in this regard. We assist clients in arbitration proceedings as an alternative dispute resolution forum, in respect of all issues covered by our litigation services.

Accurate and prudent legal advice is pivotal to all parties involved in insolvency matters. Adams & Adams’ insolvency team specialises in this sphere of the law and is equipped to assist clients in navigating the insolvency process and to ensure effective management of the insolvency regime, whether at individual or corporate level.

We offer a whole spectrum of insurance law services, including related financial sector legal assistance. Our insurance division boasts highly respected and committed experts, who hold an incredible track record. With their intricate knowledge and understanding of the insurance industry, our insurance experts are well positioned to assist with highly complex insurance disputes of any nature. Our insurance division serves various industry stakeholders, including insurance companies, claims management companies, intermediaries, insured businesses and individuals. Our insurance division always strives to achieve solutions that best serve the interests of our clients – whether it is through negotiation and settlement, alternative dispute resolution or litigation. Over the years, our insurance division has successfully handled multimillion rand claims.

With government tendering procedures and procurement laws in sharp focus in Africa, it is essential that both public and private entities strive toward tendering best practices. In addition to being expressly dealt with under the Constitution, government procurement in South Africa is comprehensively regulated under the extensive and complex legislative framework enacted to give effect to the relevant Constitutional provisions.

Domestic procurement challenges are forcing our courts and legislature to rapidly develop our law on the subject matter, causing ongoing changes to the nature of government procurement in South Africa. In order to remain competitive, South African public and private bodies are required not only to keep up to date with developments in the regulation of local government procurement but also, in certain instances, with international tendering requirements.

How can we help you?

We have offices in Pretoria, Johannesburg, Cape Town, and Durban, please contact your nearest office for any legal enquiry or assistance.

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