Civil litigation is the process of referring a matter to a court in order for a judge or magistrate to make a decision on the outcome. It is important to know your rights and the available recourse to you regardless of whether you are instituting or defending an action in court. 

Before deciding to engage in civil litigation, it should first be established what the outcome is you that hope to achieve. The outcome sought when going to court in a civil matter or dispute is usually a demand for payment of a sum of money owed to you, demanding damages or performance in terms of an agreement. A civil lawyer should help you to determine realistically what your options are and whether you will be successful in court. Should you decide to commence with civil litigation to sue, or defend, your civil lawyer will begin the process within the courts. Court procedure is complex and a civil lawyer is highly skilled in ensuring you have the best chance in successfully instituting a claim or defending a dispute.

Before you can institute a claim in a court, a civil lawyer will need to determine whether a matter should be heard in the Magistrate Court (which includes the Regional Court for convenience sake) or the High Court. Firstly, what type of matter is being litigated? Certain matters can only be heard before the High Court, for example, disputes or matters regarding the status of a person such as adoption or insolvency. The second factor to consider is the monetary value of the dispute.  Matters for monetary values above R400 000.00 have to be heard before a High Court Judge. The procedures, rules and timelines of the Magistrate Court and High Court differ significantly and it can prove to be costly if not adhered to. Further, there are numerous Magistrate and High Courts in different areas of South Africa and parties cannot merely decide on the most convenient court in which to litigate. There are rules that determine which court in which area a party can litigate. It is advisable that you consult an experienced civil lawyer in order to avoid wasting time and money by litigating your matter in the wrong court and to make sure the rules and timelines are followed correctly.

Civil litigation is complex and it can be expensive if not done correctly.  Our team of lawyers have years of experience in a variety of civil matters.  You can be assured of that your matter will be taken care of with skill, diligence and care.