Civil Law disputes – Get yourself a great attorney!

What is civil law?

The term "civil law" refers to a variety of legal fields. At its broadest, civil law refers to all areas of law except criminal law. But the main areas usually referred to as civil law are contractual matters, business disputes, company law, property disputes, and personal injury cases.

What is the difference between attorneys and advocates?

Advocates are court specialists. Their primary function is going to court to argue cases. Another central role of an advocate is providing written legal opinions to attorneys. While an attorney may appear in court, this is not their primary function. An attorney drafts wills, agreements, contracts, and letters to other attorneys. Attorneys are involved in litigation, but usually in support of the advocate. Contrary to popular belief, an advocate is not more qualified than an attorney.

How costly is it to sue someone in the High Court?

Very. An opposed High Court trial will cost a minimum of R100 000, going up to several million Rands, depending on the length of the trial.

Does the loser in a case have to pay the winner’s legal costs?

Generally, the rule is that the loser pays the winner’s costs. These costs are based on certain scales. The victorious party will not get back all his actual costs.

What is defamation?

Defamation occurs where someone intentionally publishes a statement about you that damages your good name and reputation. The defamatory comment does not have to be in writing; a verbal statement can also be defamatory.

Can you litigate without an attorney or advocate in the High Court?

You can, but it is probably not a good idea. Litigation is a complicated process best left to attorneys and advocates. People who attempt to litigate on their own behalf tend to stumble over the challenging procedural aspects. Furthermore, without attorneys to advise you, it is difficult to be objective, and you are likely to mishandle the case.

Is there an alternative to suing in court?

Yes, there is another way, known as Alternative Dispute Resolution. This refers to Arbitration, which is a way to resolve disputes outside the courts. The dispute is decided by one or more persons, called the arbitrators. The rules applied are generally more straightforward than those used in court. The award is legally binding on both sides and enforceable in court. Costs are usually less than in the courts.

Can you sue a supermarket if you slip and break your leg in the store?

Yes, you can sue anyone if you injure yourself on their premises. However, you will have to prove that the accident was a result of the negligence of the property owner.

Can you sue the municipality for personal injury?

Yes, if you are injured on public property you can sue the municipality, if you can prove the accident was a result of the municipality’s negligence.

Can I bring a civil claim in the Small Claims Court?

Yes, you can. All claims brought in the Small Claims Court are civil claims. The most you can claim in the Small Claims Court is R15 000.

Can I use an attorney in the Small Claims Court?

No, you may not be represented by an attorney or an advocate in the Small Claims Court.

What is the maximum amount I can sue for in the Magistrate’s Court?

The maximum claim in the District Magistrate’s Court is R200 000.

The maximum claim in the Regional Magistrate’s Court is R400 000.

Can you sue someone for breach of a verbal contract?

Yes, you can. In general, a contract does not have to in writing to be valid. (Certain contracts, such as the sale of immovable property must be in writing.) The disadvantage of a verbal agreement is that it is exceedingly difficult to prove what the terms are. But in principle, such a contract is valid, and you can sue if it is breached.

What are the most common civil cases in South Africa?

Contractual disputes, property cases and personal injury claims