Livingston Leandy is a respected South African law firm with over 135 years of expertise in property, commercial law, litigation, estates, trusts, and maritime law. With global reach and deep local roots, the firm upholds values of integrity, sustainability, and empowerment. We spoke with Managing Director, Mrs Naomi Williams, for her insights.
Commercial Lease Myths
A common misconception regarding commercial lease agreements is the idea that one can evict tenants with ease from the premises when they are in default. Whilst it is true that a commercial eviction is less onerous on the landlord than an eviction from a residential property, there is still due procedure that needs to be followed, which most often takes time.
The Truth About Litigation Speed
Litigation is seldom the fastest route. The process is inherently lengthy, often involving complex procedural steps, significant waiting periods for trial dates, and delays within the court system. These factors, coupled with escalating costs of litigation, can render it, in many cases, uneconomical and contrary to good business sense.
At Livingston Leandy, we consider dispute resolution strategy as integral to sound risk management. We encourage clients to ensure their agreements contain well-structured dispute expedite dispute resolution, are more cost-effective and are better aligned with preserving resolution mechanisms tailored to the commercial realities of their industries. Well-drafted agreements should incorporate mediation and/or arbitration provisions. These mechanisms commercial relationships. South African courts have recognised the value of this approach as reflected in the promotion of court-annexed mediation.
Steps to Prevent Costly Disputes
The single most effective proactive step is to obtain sound legal advice at the outset before contracts are concluded. Engage suitably skilled attorneys to ensure that agreements are carefully structured, risk is properly assessed and the parties’ intentions are clearly reflected.
Too often, we are consulted only after a dispute has escalated, when emotions are high and relationships have begun to fracture, which inevitably narrows the options available for meaningful resolution.
This proactive approach will significantly reduce the risk of small disagreements escalating into costly disputes and also create a foundation for stronger, more sustainable business relationships.
Advice for High-Value Contracts
At Livingston Leandy, we encourage our clients to have all contracts carefully drafted and/or vetted by legal experts before they are signed. All too frequently, we are approached for advice once a contract has already been entered into, and a dispute regarding its contents has arisen. At this stage, it is either too late to remedy the situation or costly and time-consuming.
We would further advise clients not to equate the value of a contract with its length and/or complexity. A simple, well-drafted, clear, and concise contract that contains all of the essential elements and protections will always be preferable to a complex document, which invariably leads to issues with interpretation and application.
Web: www.livingston.co.za
Email: nwilliams@livingston.co.za