Specialists in Civil Litigation, Family Law, Corporate and Commercial Law, Estate Planning & Insolvency.
Civil – law involving individual people or groups in legal action.
Civil litigation is the process in which civil matters are resolved in a court of law. Rather than a case being a person versus the government, as in a criminal matter, civil cases are where a person or a business files a suit against another person or business.
Legal entities (businesses or individuals) are given certain rights but when any of these rights are infringed, the affected party can enforce his/her/its rights through the courts. There is a general rule stating that where there is a right, there is a remedy.
The rules of civil procedure are concerned with how an aggrieved party brings his case before the court to make an authoritative decision. The first step in civil procedure would be to determine whether the aggrieved party has a right and whether that right has been interfered with. When it has been determined that the aggrieved party has an infringed right, it follows that it also has a remedy. The next step will be to find a competent court to grant the remedy. This involves jurisdiction – the area over which a specific court’s legal authority extends. Courts dealing with civil matters are the High Courts and the Magistrates’ Courts, depending on the nature of the claim lodged. Each court has its own Act and Rules, defining the proceedings in each court.
The above-mentioned is the background of civil litigation for our clients’ information.
Scholtz Attorneys Civil Litigation lawyers in Roodepoort are well versed and capable to represent you in these various courts. When assisting a client involved in a dispute, we at Scholtz Attorneys engineer an approach to dispute resolution that makes sense to you or your business, taking into consideration your short- and long-term goals.
Our services in this field include but is not limited to:
