Litigation is a dispute resolution method in terms of which either an application or action is issued at court.
An action is issued if there is a foreseeable dispute of fact. An application can be issued if there is no foreseeable dispute of fact, for instance if an interim payment certificate has been issued in favour of a contractor in terms of a JBCC contract.
However, most construction and commercial agreements contain a dispute resolution clause in terms of which the dispute must be adjudicated by means of either Adjudication or Arbitration. The agreement then changes the default position, being that all disputes is resolved by means of litigation.
Action proceedings follow a procedure, in terms of which pleadings are exchanged between the parties and oral evidence is thereafter led before the court. The court then issues a judgment based on the evidence that was presented before the court.
Application proceedings follow a procedure, in terms of which pleadings are exchanged between the parties in the form of affidavits and legal argument is then presented to the court. The court thereafter issues a judgment based on the evidence (the affidavits) and legal argument that was presented before the court.
We have acted for parties in numerous court proceedings. Our litigation lawyers will be able to assist you during the court proceedings.