Commercial & Corporate Law

Barry Garland and Erik van Huyssteen see to and deal with our commercial and corporate related matters and between them share nearly 70 years of experience in this field and possess the necessary skills and experience to advise you on and assist you with your commercial and corporate related matters. Our services in this regard include:

  • General advice on forms of business enterprise and establishing an appropriate entity;
  • All aspects relating to the Companies Act (old and new);
  • Drafting of Agreements;
  • Intellectual property, including patents and trademarks;
  • Copyright;
  • Corporate Governance;
  • International Trade;
  • Law of Carriage;
  • Bridging Finance;
  • Due Diligence;
  • Customs and Excise Related matters;
  • Construction Law;
  • Mergers and Acquisitions;

Commercial Litigation & Alternative Dispute Resolution

Ian King, Erik van Huyssteen, Rita Padayachee, Robyn de Klerk and Nombuso Shange are our commercial litigators. They act for and represent a variety of small, medium and large business enterprises on a national and international level, acting for a variety of listed South African Companies as well as for large American and European entities. Their approach is to offer our clients commercially sound advice in relation to their litigation matters, always focussing on results rather than on processes and procedures. They realise that litigation is, and will always be, an unpredictable, protracted and expensive form of dispute resolution and advocate, where possible, the adoption of alternative dispute resolution methods, including mediation and arbitration. Our services in this department include:

  • Commercial and Banking Litigation;
  • Alternative Dispute Resolution;
  • Product Liability Claims;
  • Defamation;
  • Professional Negligence Claims;
  • Competition Law;
  • Contractual claims and disputes;
  • Corporate claims and disputes including disputes between directors, shareholders and other stakeholders in companies;

Customs Law

Barry Garland and Erik van Huyssteen offer general customs related services, including:

  • Determinations under tariff headings
  • High court opposed applications to implement re-determinations
  • Assistance in dealing with SARS through specialist associated companies

Environmental Law

Having completed a Post Graduate Course in Environmental Law (UKZN) and having experience in this field of law, Ian King is equipped to offer the following services:

  • Environmental audit
  • Implementation of integrated environmental management
  • Participation in class actions, to identify and halt environmental damage
  • General advice on mechanisms required to ensure compliance with environmental legislation
  • Liasing with governmental authorities on any pertinent environmental matter

Family Law

This department is heeded up by John Murray, who has been specialising in this area of law since 1970. As such, John can assist you with all matrimonial, family and personal law related matters, including:

  • Children's rights
  • Parental rights
  • Father’s rights
  • Ante-nuptial and post-nuptial contracts
  • Divorce proceedings
  • Custody and maintenance/access/contact related matters and applications
  • Damages claims flowing from adultery
  • Universal and Domestic partnerships
  • Domestic violence matters and interdicts
John is also a seasoned and well respected court lawyer, having personally appeared in numerous High Court trials and applications over the years. John has a solutions-based approach to his matters, advocating amicable and negotiated solutions as opposed to protracted and lengthy litigation.

General Litigation

Rita Padayachee, Robyn de Klerk, Nombuso Shange, Ian King and John Murray share many years’ worth of litigation experience and the service which they offer in this regard include:

  • The representation of clients in all recognised courts of law such as:
    • Supreme Court of Appeal
    • Constitutional Court
    • Magistrate's Court
    • High Court
    • CCMA
    • Labour Courts
    • Competition Tribunals
  • The representation of clients before other tribunals and statutory bodies
  • The resolution of disputes through alternative methods such as mediation and arbitration
  • Long term insurance and short term insurance litigation
  • Landlord and tenant law
  • Criminal litigation and representation
  • Mortgage bond foreclosure
  • Asset recovery litigation
  • Insolvency litigation and representation
  • Commercial litigation
  • Debt collection

Insolvency, Liquidations & Business Rescue

Ian King and Erik van Huyssteen deal with these matters. Erik holds an Advanced Certificate in Business Rescue (UNISA). They work closely with our clients in order to determine the best strategy forward, their goal at all times being to minimise hardship and to maximise recovery. If at all possible, their goal is to rescue as opposed to liquidate, preferring rather to manage the client out of a financial crisis in order to prevent liquidation. Our services include:

  • Advice on restructuring and business turnaround;
  • Advise on and assistance with Business Rescue;
  • Assisting with and conducting insolvency enquiries;
  • Applications for sequestration and winding-up of companies.

Intellectual Property Law

Erik van Huyssteen and Barry Garland offer the following services in this department:

  • Drafting and filing of trade mark applications
  • Patent searches
  • Due diligence audits and reports
  • Drafting and filing of design applications
  • Copyright, trade mark, design and patent litigation services
  • Internet and it commerce law

IT Law

Ian King, Barry Garland and Erik van Huyssteen have experience in this area of law and offer the following IT specific services:

  • Advice regarding consumer protection and protection of personal information in respect of the Electronic Communications and Transactions Act
  • Drafting of software license agreements, web site development agreements, web site hosting agreements, and other cyberlaw agreements
  • Intellectual property rights in relation to computers and the internet, including copyright, trademarks, domain names, patents
  • Information technology security advice
  • Taxation aspects of trading on the internet
  • E-mail in the workplace
  • Privacy rights
  • Expression on the internet
  • Cyberlaw infringements/offences

Labour Law

Our labour law department offer the following services:

  • Trade Union maintenance and management
  • Collective bargaining
  • Establishment of centralised bargaining and workplace forums
  • Performance management
  • In-house training
  • Reorganisation and retrenchments
  • Resolution of industrial unrest and labour disputes
  • Dispute resolution at the CCMA and Labour Court level
  • Drafting of employment contracts, disciplinary codes and collective agreements
  • BEE advice, scoring and drafting of empowerment charters

Medico-Legal Insurance

Craig Poole is the head of the department, and with over 40 years of experience as an attorney, forms a formidable team with Emma Lord, who obtained her LLM medical law degree cum laude. The insurance and Medico-Legal team is highly regarded within the local market for its specialists experience in defending personal injury claims.

This department has a variety of reputable, prominent Defendant clients, including professional indemnity insurers. The department is well equipped to deal with an array of professions, such as insurance brokerages, professional engineers, nurses, doctors, other healthcare professionals and slip and trip claims.

The areas of work include:
  1. Medical malpractice claims;
  2. Public Liability claims
  3. Professional Regulatory Body Complaints and Disciplinary Inquires
  4. Inquests
  5. Damages assessments
  6. Professional Indemnity insurance
  7. Litigation
  8. Negotiations of settlements
Article by Emma Lord and Craig Poole in Cover Magazine (May, 2014)
Craig Poole and Emma Lord Article for Download

Personal Injury

John Murray and Rita Padayachee practise in this department and offer, inter alia, the following services:

  • Motor vehicle collisions
  • Industrial incidents
  • Professional malpractice
  • Public liability


Barry Garland possess vast experience in general tax related work and can assist with and offer service in relation to:

  • Representation in tax disputes and hearings
  • Tax implications of commercial transactions
  • Tax planning and structuring
  • Tax compliance
  • Due diligence exercises

Trusts & Deceased Estates

Louis Simon, Barry Garland, John Murray and Rita Padayachee will assist you with the reporting of and administering of deceased estates and also provide expert advice on and assistance with general deceased estate administration, estate planning, and drafting of wills including formation of testamentary trusts, formation and registration of trusts. This department prides itself in offering over 100 years of combined experience and you can rest assured that your needs will be seen to in an efficient and professional manner.

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