Commercial Litigation Services
Our commercial litigation services cover disputes arising from business relationships, contracts, corporate structures, regulatory obligations, and commercial conduct.
Securities Litigation
Securities disputes can involve complex financial arrangements, investments, disclosure obligations, and transactions affecting investors or corporate stakeholders.
We assist with the assessment and management of securities-related claims, including disputes concerning representations, contractual undertakings, investment arrangements, and the conduct of parties involved in a transaction.
These matters often require detailed analysis of financial records, agreements, and communications. We work with relevant specialists where necessary to develop a clear and properly supported legal position.
Commercial Fraud
Commercial fraud can cause substantial financial and reputational damage. It may involve misrepresentation, dishonest conduct, falsified information, concealed transactions, unauthorised payments, or the misuse of company assets.
Our attorneys assist clients with investigating suspected wrongdoing, preserving relevant evidence, and determining the appropriate legal remedies. Where a client has been accused of fraudulent conduct, we also provide advice and representation in defending the allegations.
Because these disputes may overlap with corporate, employment, or criminal proceedings, a coordinated legal strategy is often essential.
Competition Law Disputes
Competition law affects the way businesses interact with competitors, customers, suppliers, and the wider market. Disputes may arise from alleged anti-competitive conduct, restrictive arrangements, abuse of market power, or business practices that may be challenged under South African competition legislation.
We help clients understand the commercial and legal implications of competition-related disputes and work with appropriate specialists when a matter requires additional regulatory or industry-specific expertise.
Restraint of Trade Disputes
Restraint of trade clauses are commonly used to protect legitimate business interests when employees, directors, shareholders, or business partners leave an organisation.
Disputes may arise when one party attempts to enforce a restraint or when another party argues that the restriction is unreasonable or unenforceable.
We assist with matters involving:
- Alleged breaches of restraint agreements
- Employees or directors joining competitors
- The solicitation of customers or employees
- The misuse of confidential information
- Applications to enforce or challenge a restraint
- Negotiations aimed at resolving the dispute without prolonged proceedings
Restraint matters can become urgent, particularly when confidential information, customer relationships, or competitive interests are at immediate risk. Prompt legal advice is therefore important.
Enforcement and Termination of Commercial Contracts
Contracts form the foundation of most commercial relationships. When one party fails to perform its obligations, the consequences can extend far beyond a single missed payment or delayed delivery.
Our commercial litigation attorneys assist clients with disputes involving the interpretation, enforcement, breach, and termination of commercial agreements.
These matters may include:
- Failure to pay amounts due
- Failure to deliver goods or services
- Defective or incomplete performance
- Disputed contractual terms
- Repudiation of an agreement
- Unlawful or contested cancellation
- Non-compliance with warranties or guarantees
- Claims for damages following a breach
- Enforcement of dispute-resolution provisions
Before terminating an agreement or commencing proceedings, it is important to consider the wording of the contract, any required notice periods, and the possible consequences of cancellation. We help clients evaluate these factors and take legally appropriate action.
Confidential Information Claims
Confidential business information can include customer lists, pricing structures, strategies, financial data, technical information, intellectual property, and internal processes.
The unauthorised use or disclosure of this information may expose a business to financial loss and competitive harm. We assist clients with claims involving the misuse, disclosure, or threatened disclosure of confidential information.
Depending on the circumstances, urgent relief may be necessary to prevent further harm. We can advise on the availability of interdicts, contractual remedies, damages claims, and other protective measures.
We also assist parties accused of misusing information by examining whether the information was genuinely confidential, how it was obtained, and whether any contractual or legal duty was breached.
Directors’ and Shareholders’ Rights and Duties
Disagreements between directors and shareholders can affect decision-making, corporate governance, and the continued operation of a company.
These disputes may involve:
- Alleged breaches of directors’ duties
- Shareholder oppression or unfairly prejudicial conduct
- Disputes over voting and management rights
- Access to company information
- Conflicts of interest
- The removal or appointment of directors
- Dividend disputes
- Share sale and transfer disagreements
- Breaches of shareholder agreements
- Deadlocks between shareholders
- Misuse of company funds or opportunities
We help clients understand the relevant company documents, contractual provisions, and legal duties before recommending a strategy. Where possible, we seek commercially workable solutions that protect the business from unnecessary disruption.
When negotiation is not sufficient, we assist with applications, actions, and other legal proceedings required to enforce or defend directors’ and shareholders’ rights.
Product Liability Disputes
Product liability disputes may arise when a product is alleged to be unsafe, defective, unsuitable for its intended purpose, or responsible for loss or damage.
These matters can involve manufacturers, distributors, suppliers, retailers, commercial purchasers, and consumers. They may also require consideration of contractual warranties, technical evidence, product instructions, and applicable consumer protection requirements.
We assist businesses with the investigation, management, and defence of product-related claims. We also advise claimants on potential remedies where a defective product has caused quantifiable harm.
Resolving Disputes Without Unnecessary Litigation
Going to court is sometimes necessary, but it is not always the most commercially sensible first step.
Negotiation, mediation, and other dispute-resolution processes may offer a faster, more confidential, and less adversarial way to resolve a disagreement. These processes can be particularly useful when the parties need to preserve an ongoing business relationship or avoid the disruption associated with extended litigation.
We consider whether a dispute may be resolved through:
- Direct negotiations between the parties
- Attorney-led settlement discussions
- Mediation
- Early neutral evaluation
- Contractual dispute-resolution procedures
- Arbitration, where provided for in an agreement
- A structured settlement agreement
The appropriate route will depend on the strength of the claim, the willingness of the parties to negotiate, the urgency of the matter, and the outcome our client wishes to achieve.
Where court proceedings are necessary, we prepare the matter thoroughly and work closely with the relevant advocates and experts.
Trusted General Litigation Lawyers for Individuals and Businesses
In addition to commercial disputes, Marais Attorneys provides general litigation services to individuals, professionals, organisations, and businesses requiring assistance with civil claims.
General litigation covers disputes that do not fall within a single specialised area of law but still require careful legal analysis, strategic preparation, and effective representation.
Our services may include assistance with:
- Contractual claims
- Claims for payment or damages
- Defending civil claims
- Letters of demand
- Urgent applications
- Interdicts
- Declaratory orders
- Settlement negotiations
- Enforcement of legal rights
- Court applications and actions
- Enforcement of judgments and settlement agreements
Every dispute is different. We begin by reviewing the relevant facts and documents, identifying the legal issues, and discussing the client’s preferred outcome. We then provide practical guidance on the available options, possible costs, and risks.
Acting Promptly When a Dispute Arises
Delaying legal action can make a dispute more difficult to resolve. Evidence may be lost, contractual notice periods may expire, and financial damage may continue.
Certain legal claims may also be affected by prescription periods or procedural deadlines. Urgent applications, restraint disputes, and confidential information matters may require especially prompt action.
Clients should retain relevant documents from the earliest stage of a dispute, including:
- Signed contracts and amendments
- Emails and written correspondence
- Invoices and payment records
- Meeting notes and minutes
- Company resolutions
- Policies and internal records
- Photographs, reports or technical evidence
- Records of losses or additional expenses
Organised documentation enables an attorney to assess the dispute more efficiently and can significantly strengthen a claim or defence.
Why Choose Marais Attorneys?
Clients require more than technical legal knowledge during a dispute. They need responsive advice, realistic expectations, and a strategy that reflects their commercial or personal priorities.
Our approach is built around:
- Personal attention and direct communication
- Practical, commercially informed legal advice
- Careful assessment of risk and potential outcomes
- Efficient management of legal costs
- Access to experienced advocates and specialist expertise
- Assistance with South African and international matters
- A focus on resolving disputes as effectively as possible
As experienced commercial litigation attorneys, we understand that success is not measured only by whether a matter reaches court. A successful strategy may involve obtaining urgent protection, negotiating a favourable settlement, enforcing a contract, or preventing an uncommercial dispute from escalating.
Speak to Our Commercial Litigation Attorneys
A business dispute can become more expensive and disruptive the longer it remains unresolved. Early legal advice can clarify your position, preserve important evidence, and help you decide on the most appropriate next step.
Whether you are facing a contract dispute, suspected commercial fraud, a shareholder disagreement, a restraint of trade matter, a confidential information claim, or another form of general litigation, Marais Attorneys can provide strategic guidance and representation.
Contact our team to arrange a consultation with experienced commercial litigation attorneys and take the first step towards resolving your dispute.
