Eight Litigation Cases You Should Know About

Litigation lawyers will help you to navigate your challenging legal situations. The legal field is very broad and diverse. That being said, however, below are eight different instances in which litigation may take place, which you should know about:

  • 1. Civil Litigation

    In a criminal case, the government will prosecute the person, the business or the other types of entities that have violated the law and that have perpetrated a crime. The penalty is usually imprisonment or a fine.

    If a dispute needs to be settled, then an entity, business or individual is able to follow a civil litigation process, which refers to a private dispute between parties. If a case isn’t criminal, then a civil litigation will be pursued. Civil litigation cases include, amongst others, the following:

    • Property Disputes,
    • Landlord Disputes,
    • Family Disputes,
    • Business Disputes (Due To A Breach Of Contract), And
    • A Variety Of Personal Injury Disputes (Such As Bike Accident Cases, Slip And Fall Cases And So Forth)
  • 2. Business Litigation

    Business litigation is one of the most common types of civil litigation cases because it can occur between businesses as well as within a business at virtually any level. Some examples of business litigation cases include:

    • Unfair competition,
    • Project disputes,
    • Fraud,
    • Infringement on trademarks or other copyright issues,
    • Defamation, and
    • Breach of contract

    A business litigation case can take place between the following parties to the dispute:

    • Competing companies,
    • Between a company and its suppliers,
    • Between a company and its debtors,
    • Between the directors of the company, and
    • Between the shareholders, amongst other parties.
  • 3. Commercial Litigation

    Whether you are a contractor, an employee, an entrepreneur or an employer, commercial litigation is often unavoidable in today’s marketplace. Commercial law is understood to regulate the following:

    • Corporate contracts,
    • Hiring practices, and
    • The manufacture and sale of consumer goods.

    commercial litigation lawyer can represent you and advise you on how to best enforce or defend important business contracts, partnership rights and claims against your business or any other commercial matter that can impact your bottom line.

    Experienced commercial litigation lawyers have the ability to sit with you at the negotiation table or to fight your case in court. With the ability to navigate complex business structures and to protect your interests at all times, a skilled litigation lawyer can be an invaluable asset to your business. Many times, the courts will encourage an out-of-court settlement. But, if the parties can’t reach an agreement then your litigation lawyer will be able to take your case to trial.

    There are various types of commercial litigation which include:

    • Securities litigation,
    • Contractual breaches,
    • Intellectual property litigation,
    • Antitrust litigation,
    • Consumer class actions,
    • Regulator disputes, and more.

    When looking to hire a commercial lawyer, you will have the option of choosing a generalist or a specialist lawyer. In some cases, law firms encourage their lawyers to specialise in certain fields such as the pharmaceutical industry, the engineering sector and so forth. It is in your best interest to find a lawyer that not only has years of experience in commercial law but that is also very familiar with the industry that you work in.

  • 4. Litigation Support Services

    Schwenn Inc. can provide litigation support at every stage of your legal dispute or case. Many times, individuals and companies choose to opt for ad-hoc litigation support or an ongoing suite of solutions from an experienced litigation lawyer. Our law firm offers both options.

    Our lawyers have the knowledge, skills, expertise and experience to handle your case. Whether you need advice regarding:

    • The drafting of business contracts,
    • Investigative assistance,
    • Reliable consulting, and/or
    • Someone to represent you at an international tribunal.

    Besides being discreet, we are also quick and can get you the solutions you need within the shortest amount of time. Some of the common types of litigation support services include the following:

    Disposition Support:

    If you are trying to solve a dispute out of court or you need to go to court to solve a dispute, then you need to ensure that the proper due diligence has been done. Our lawyers can conduct thorough investigations and background checks, as well as remain alert to any unforeseen issue that may impact your case.

    Witness Interviews:

    Many times, witnesses have to testify during a case. We use legal and lawful methods to:

    • Track Down Witnesses,
    • Interview Them, And
    • Get the critical information that is needed to achieve a good outcome in your case.

    Legal Strategy Consulting:

    Your Company’s legal strategy needs to be carefully planned and mapped out. Many of our lawyers have experience in specific industries and fields, giving you access to tap into the legal advice and strategic guidance you need. Whether your current issue relates to forensic accounting, breach of contract or health and safety issues in your business, we will not only help you to solve it, we will also assist you to pave the way forward so that it doesn’t happen again in the future.

    Data analysis:

    Our team can assist with the following in your case:

    • Data mining,
    • Data compilation, and
    • Data analysis.

    Preparing Exhibits:

    During a litigation case, exhibits may need to be prepared to show a judge or other parties certain elements of the case such as:

    • Evidence,
    • Damage analysis, and/or
    • Risk analysis.

    Our team can create the high-impact visuals you need to win your case.

    Specialised Services:

    We also provide specialised litigation support services for the following:

    • Divorce matters,
    • Insurance claims,
    • Employee fraud engagement,
    • Bankruptcy, and more.
  • 5. Divorce And Family Law Cases

    A couple gets married with good intentions. But, unfortunately, a marriage does not always last. When two people have merged their lives together through marriage, then disentangling these ties often requires legal representation. With divorce and family law cases, one or both parties could pursue child custody, child support, and other types of monetary support or reimbursement. Domestic violence also falls within the realm of divorce and family law cases, where justice is sought through the court of law.

  • 6. Civil Litigation Arising From Contracts

    When two parties enter into a contract and one of the parties does not uphold his or her end of the agreement, then a breach of contract case can be pursued. The plaintiff may ask the court to order the defendant to meet the terms of the contract or the plaintiff may pursue a civil litigation case for monetary compensation due to the breach of contract. In this case, you or your lawyer will need to prove that the defendant is in breach of contract in order for you to get the compensation that is owed to you.

  • 7. Landlord And Tenant Disputes

    Landlord and tenant disputes often end up in front of a judge. There are a number of ways in which the landlord/tenant relationship can fail. If a landlord fails to properly maintain the property and doesn’t ensure that the tenant has a hygienic and safe environment to live in, for example, then the tenant may pursue a civil litigation case in order to get his or her needs met.

    The other side of the coin would be a landlord taking a tenant to court due to the fact that the tenant is not paying his/her rent. In such an instance, the landlord may be struggling to evict the tenant or to seek monetary compensation for lost rental income.

  • 8. Property Disputes

    Property disputes may arise between the following parties:

    • The property owners,
    • The investors in the property,
    • The tenants,
    • The neighbours, and/or
    • Any other entity whose rights may impact on the property.

    A civil litigation lawyer may be called upon to help with any or all of the following:

    • General advice on the buying, selling and leasing of the property,
    • The drafting of the tenant contracts,
    • Advising on environmental issues,
    • Advising on the legal issues pertaining to planning and developing a piece of land or a property, and/or
    • Arranging financing agreements with banks or other alternative financial institutions.

    There is a difference between a property dispute and property litigation:

    Property Dispute:

    In the instance of a property dispute, you and your lawyer will try to resolve the matter outside the court of law.

    Property Litigation:

    When property litigation is pursued, the dispute needs to be resolved in a court of law. A lawyer’s first step will generally be to try to resolve the matter outside of court as this option can be less cumbersome and costly for the client. If the lawyer is unable to resolve the issue outside of court, then a property litigation process will follow.

Where to Find Litigation Lawyers in South Africa

 Schwenn Inc. will help you to navigate any legal situation that may arise in your personal or professional capacity. We can help, whether you are:

  • Looking for reliable advice on registering a trust,
  • Trying to settle a custody dispute with a spouse,
  • looking for debt counselling,
  • In need of an attorney to help you with a property transfer, or
  • Drafting legally binding documents and contracts.

Unforeseen circumstances arise in life; even the best-laid plans can have a few holes in them. As experienced litigation lawyers, we know that not only the large legal disputes but also the routine legal matters can be extremely stressful and time-consuming. Our goal is to make sure that you have the peace of mind in knowing that we are working around-the-clock to solve all your legal issues that may arise. Not only do we provide a highly professional, confidential service, but our team comprises of experts across all the various aspects of personal law.

The Legal Services That We Offer To Companies Include The Following:

Competition Law

Whether it is dealing with mergers, cartel investigations, competition litigation, exemptions and/or any other related issue, let our lawyers help you.

Dispute resolution, mediation and arbitration

Our dispute resolution solutions cover the following:

  • Conciliation,
  • Mediation,
  • Arbitration,
  • Negotiation, and

We offer a multi-disciplinary, innovative dispute resolution solution.

Employment And Labour Law

The employment and labour law services offered by Schwenn Inc. are designed to assist South African businesses across a wide range of industries.

Consumer Protection Act

Our team of legal experts will help you stay protected when it comes to the Consumer Protection Act. They will also ensure that you legally proceed with all aspects of:

  • Advertising,
  • Marketing,
  • Promoting,
  • Selling,
  • Supplying,
  • Delivering, and/or
  • Repairing of goods and services in South Africa.

Insolvency Law

The legal team at Schwenn Inc. includes specialists in sequestrations and liquidations. We understand the stressful and emotional challenges faced during the insolvency process and always do our best to find the best approach for your unique situation.

Corporate And Commercial Law

We offer comprehensive solutions for corporate and commercial law in South Africa, with a wide range of business law services to suit your needs.

These are only a few of the commercial legal services we offer.

Legal Services For Individuals

We also offer a range of legal services for individuals such as:

  • Litigation correspondent services,
  • Debt counselling,
  • Wills,
  • Deceased estates,
  • Property law,
  • Registration of trusts, and more.

If one of our in-house lawyers isn’t able to assist you for some reason, we can find you the help you need. Our clients enjoy working with us for a number of reasons, but one of the main reasons is our proactive communication. When you partner with us, you will receive continuous communication that keeps you updated throughout the process, along with a commitment to friendly, innovative and results-oriented service. Contact us for more information about our litigation services in Durban, South Africa, today.

To find out more about our  legal services in Durban, or to request assistance, connect with us today.