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Introduction to Commercial Litigation

Generally, commercial litigation consists of virtually every type of dispute or disagreement that could possibly arise in a business environment. This includes breach of contract cases, class action cases, joint/partnership venture cases, civil claims cases, shareholder cases, and breach of fiduciary duty allegation cases. A lawyer who deals with these cases are called commercial litigators.


In order to be a successful commercial litigator, you need to be able to assess the details of a dispute fairly, and from this judgement, scale a prosecution or defence that fits the legal business needs of each client. Sound judgement, creativity and efficiency are critical characteristics to have when dealing with these disputes.


Commercial litigation occurs increasingly at various levels of the court, from the high court to the constitutional court. Court case proceedings can involve disputes between any number of government agencies or business-to-business disputes. Understanding the motives and overall look of each litigation participant is the most important part of determining weak points to exploit and strong points that will persuade the party in question. Firms that are able to develop and implement a new innovative approach to each unique problem, master and manage the various aspects of these complicated scenarios, and lastly effectively focus on the important legal and factual issues will be busier than every other firm because of the nature of these cases and their rising in complexity. In the past few years, commercial litigation cases have become more complex because many small businesses have started, and these companies are mostly private in the private sector. ,


Because of the challenging constant economic increase and decrease and population increase in the working environment, commercial litigation lawyers’ and firms’ client base is constantly growing and they’re constantly under a ton of pressure. The key to a commercial litigation lawyer’s success is wholly dependent on relationships with clients, good leadership qualities, extremely practical management skills, an extensive knowledge of the industry, a couple years of experience and personal commitment.


Here at Brian Blignaut Attorneys, we have extensive experience in Commercial Law as a large amount of commercial litigation is attended to in our firm. We are committed to assist our clients with the development of their businesses. Our team has extensive knowledge of the new Companies Act, Consumer Protection Act and National Credit Act and we are eager to assist.

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