Litigation services

Litigation services

Administrative

We have a team of litigators with specific expertise and experience in both administrative law and constitutional disputes, and service clients within both the public and private sectors in this regard. Our litigation experience in these fields includes:

  • Reviews of administrative decisions of various types (including tender awards, regulatory decisions and other exercises of public power
  • Launching urgent applications to compel or prohibit administrative action of various types
  • Instituting damages actions in respect of losses arising from unfair administrative action
  • Challenging policy or other legislative decisions taken outside the scope of an administrator’s powers
  • Enforcing and protecting various types of constitutional rights
  • Advising on matters of an administrative or constitutional nature

Arbitration

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.

Consumer protection

The Consumer Protection Act, 2008 (CPA) came into force on 31 March 2011. It has a significant effect on the supply of goods and services.

We are ready to assist you with:

  • Advice on the implications and compliance with the requirements of the Consumer Protection Act
  • Assisting with any investigation of complaints lodged with the Consumer Protection Commission and hearings before the Tribunal
  • Reviewing the risk control procedures of product manufacturers, suppliers and distributors in the context of the CPA
  • Advising on product liability and handling litigation in respect thereof

Dispute resolution

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.

Insolvency

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. Our services include:

  • The voluntary winding up of companies
  • Applications for sequestration of trusts and individuals (voluntary and compulsory)
  • Applications to liquidate companies and close corporations
  • Cross-border insolvency
  • Insolvency enquiries
  • Insolvency related litigation matters
  • Liability of directors and other ancillary issues
  • Offers of compromise
  • Proof of claims

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Road Accident Fund Claims

A third party claim is a claim for compensation resulting from personal injury to or the death of a person, eg. the death of a breadwinner, in a motor vehicle accident. Such a claim will lie against the RAF, a statutory body. A third party claim only relates to bodily injuries, and accordingly no claim for damage to a motor vehicle or other assets can be claimed from the RAF.

The following persons will be entitled to claim:

  • A person who was personally injured (except a driver whose negligence was the sole cause of the accident) including a claimant under the age of 18 years, provided he is assisted by a parent or legal guardian
  • A dependant of a deceased victim
  • A representative of the estate of a deceased or a close relation in respect of funeral expenses

Banking

Banking and finance is a crucial component of South Africa’s economy. The professionals at Adams & Adam keep themselves abreast of the latest developments in this area of the law, and provide a spectrum of legal services in this industry. Comprehensive banking and related litigation services, including recoveries, foreclosures and repossessions are offered by our team.

Employment & Labour

Employment law or labour law is an essential component of any business and can sometimes create significant costs for employers who do not follow the correct procedure . Employment law legislation is rights based, but provides protection for both the employer and the employee. At Adams & Adams we can assist you with all your employment needs, including:

  • Dispute resolution
  • Disciplinary matters
  • Employment related litigation

Insurance litigation

Adams & Adams offers an extensive range of specialist services in the field of insurance law. A multi-disciplinary approach by our specialists allows us to provide clients with comprehensive legal advice pertaining to the insurance sector.

Our expertise includes the following:

  • Construction and Engineering Insurance Law
  • Resolution of insurance disputes
  • Fire, motor accident and general liability insurance
  • Medical malpractice and personal injury insurance
  • Long-term insurance
  • Reinsurance
  • Policy drafting and underwriting advice
  • Enforcement of insurance contracts, and dealing with repudiations and underwriters

Professional negligence

In practice, professionals such as attorneys, engineers, accountants and other practitioners are held to a higher standard of care, when performing duties in fulfilment of a given mandate from a client.

A failure by a professional to perform service with the requisite degree of care and skill may constitute negligence, if the displayed conduct and actions fall short of the norm of that would be expected from the reasonable practitioner in that specific field.

Such negligence can manifest in various forms, for example if an attorney allows a claim to prescribe. Under such a scenario, the client will have a right of recourse against the practitioner for damages that may have been suffered as a result of the professional’s negligence.

Adams & Adams has the requisite knowledge & expertise to assist the aggrieved client, so as to place the client in the position that the client would have been in, were it not for the professional’s negligent conduct.

Anti-corruption & bribery

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. Our services include:

  • Advising on compliance with anti-bribery and corruption legislation
  • Training on the relevant legislation
  • Representing parties in litigation relating to bribery and anti-corruption

Business rescue

The Companies Act, 2008 provides companies that are in financial distress with the opportunity to enter a business rescue process in order to restructure its affairs in an attempt to turn around its situation.

Adams & Adams is able to advise clients relating to all aspects of business rescue proceedings.

Download our PDF guide: The 7 Steps To Business Rescue

Credit

The National Credit Act, 2005 (“NCA”) protects consumers in the context of credit granting and credit agreements. The NCA codifies a number of basic rights of consumers with regard to the credit market. Adams & Adams has a team of professionals that can assist with:

  • The reviewing and updating of contracts, policies and other documents in relation to the NCA
  • Advice on credit agreements and the NCA
  • Litigation relating to credit matters

Family law

Our litigation unit has extensive experience in dealing with family and matrimonial matters. We can act on behalf of both parties concerned in divorce proceedings where it is clear at the inception of the matter that the parties will be able to reach an amicable settlement.

Additional services included:

  • Ante nuptial contracts and changes in matrimonial property regimes
  • Assistance in reaching amicable settlements through negotiation and support
  • Rule 43 applications for interim relief
  • Mediation in family law disputes
  • Divorces
  • Enforcement of orders relating to family law matters
  • Parental responsibilities and rights including guardianship, care and contact
  • Rights of fathers of children born out of wedlock
  • Childrens’ rights

Medical malpractice

Our team of professionals are in an excellent position to investigate and litigate all aspects pertaining to medical malpractice matters and to achieve the best possible result, leaving no stone unturned in the process.

Over the years, we have built a professional relationship with a panel of highly respected and experienced specialist medical practitioners in both general and highly specialised fields of medical practice in order to assist us in this process.

Public procurement

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.

To assist public and private sector clients with the complex administrative and legal principles applying to tender processes, the Public Procurement Law (PPL) of Adams & Adams is geared to play a pivotal role in assisting public sector clients design and implement fair processes which meet the Constitutional principles of procurement; as well as guiding private sector clients through tedious procurement processes, or challenging public procurement processes which fall foul of the applicable principles.

Our Public Procurement Law Group assists with the following matters:

  • Advice to government or public entities on appropriate procurement processes
  • Assistance in drafting tender documentation
  • Assistance in legal issues that arise when tenders are evaluated
  • Representation of government where tender awards are challenged
  • Advice to private sector entities on responding to government tenders, on preparing submissions and representing entities that wish to challenge or defend tender awards
  • Facilitation of public/ private partnerships (PPP)
  • Advice on black economic empowerment (BEE) matters
  • Drafting and review various agreements including consortium and joint venture agreements, shareholders’ agreements, concession agreements, preferred supplier agreements, and service level agreements

Competition & Anti-trust


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