Practice area IV
Litigation and disputes
When a dispute cannot be settled, we prepare it properly for court. Before that, we look hard at whether mediation or a negotiated outcome would serve you better.
Litigation is expensive, slow and uncertain, even when you are in the right. Our first job is to tell you honestly whether court is the right place for your dispute, and what it is likely to cost to get there.
When a dispute does need to go to court, we prepare it thoroughly and run it efficiently, briefing counsel where the matter calls for it.
What we handle
Debt recovery
Letters of demand, summons, default judgments and enforcement, with prescription checked before anything else.
Contract and commercial disputes
Breach of contract, damages claims and disputes between shareholders, suppliers and clients.
Urgent applications and interdicts
When waiting is not an option: preventing harm, protecting property or enforcing a restraint.
Mediation and arbitration
Private, faster routes to resolution when both parties are willing, with outcomes that can be made binding.
Defending claims
Assessing a claim against you, preparing a defence and exploring settlement where it makes commercial sense.
How it works
What happens, step by step.
- 01
Assessment
We check prescription, the evidence and the strength of the claim or defence.
- 02
Advice on the route
Demand, negotiation, mediation or court, with an estimate of cost and time for each.
- 03
Pleadings and preparation
Drafting the papers, discovery and briefing counsel if the matter goes to trial.
- 04
Resolution and enforcement
Settlement, judgment or award, and the steps needed to actually recover what is owed.
Fees for this work
Litigation is billed hourly against a written estimate for each stage of the matter. Where costs are awarded against the other side, they rarely cover the full amount, and we explain why at the start.
Who you will work with
Questions
What clients ask us.
Is it worth suing for a small amount?
Sometimes not. For smaller claims, the Small Claims Court or a well-drafted letter of demand may be more sensible than High Court or Magistrate's Court litigation. We will tell you honestly.
What is prescription?
Most ordinary debts become unenforceable if they are not claimed within three years, with longer periods for judgment debts and debts secured by a bond. Checking this is the first thing we do.
Do I need an advocate?
Not always. Attorneys can appear in the Magistrate's Courts and, with the right of appearance, in the High Court. For trials and complex arguments we usually recommend briefing counsel.
Other practice areas
Book a consultation
Start with 45 minutes and a clear answer.
Choose a time online in four short steps. We confirm within one working day, at our Sandton office or by video call.
Office
6th Floor, 21 Fredman Drive, Sandton, 2196
Telephone
011 568 2140
info@kestrelattorneys.co.za
Monday to Friday, 08:00 to 17:00