Commercial & General Litigation

Commercial disputes are an unavoidable reality of business life. Contracts are breached, partners disagree, debtors default, and professional advisors sometimes fall short of the standard they owe. When these situations arise, you need a legal team that understands both the law and the commercial context — and that will pursue the best possible outcome without unnecessary delay or expense. That is our approach at Meridian.

What Commercial Litigation Covers

Commercial litigation encompasses any dispute arising from a business relationship or commercial transaction. This is a broad category, but the disputes we most frequently handle include:

• Breach of contract — enforcing agreements that have not been honoured, or defending claims of breach
• Shareholder and partnership disputes — deadlocks, oppressive conduct, and claims for the winding up of close corporations and companies
• Restraint of trade disputes — enforcing or challenging post-employment and post-sale restrictions
• Commercial lease disputes — rental arrears, unlawful cancellation, deposit retention, and eviction
• Insurance disputes — claims declined or underpaid by commercial insurers
• Franchise disputes — breach of the franchise agreement, unlawful termination, and post-termination obligations
• Professional negligence — claims against attorneys, accountants, engineers, and financial advisors

Our Approach: Resolution First, Litigation When Necessary

Litigation is expensive, time-consuming, and uncertain. Our starting point in every commercial dispute is to assess whether a negotiated resolution is achievable — and to pursue it vigorously if it is. Many commercial disputes that end up in lengthy court proceedings could have been resolved at an earlier stage had the parties engaged constructively, with the right legal support, at the outset.

Where litigation is unavoidable, we proceed with a clear strategy and a realistic assessment of what can be achieved. We do not pursue claims that are unlikely to succeed, and we advise clients honestly on the costs and risks of litigation before committing to it.

Alternative Dispute Resolution

For many commercial disputes, arbitration or mediation is faster, less expensive, and more private than High Court litigation. We represent clients in commercial arbitrations governed by the Arbitration Act 42 of 1965 and in ad hoc mediation processes. Arbitration awards are legally binding and enforceable as court orders. Where a contract contains an arbitration or mediation clause, we advise on its scope and effect before any proceedings are initiated.

What We Handle

• Breach of contract — enforcement and defence in Magistrate Court and High Court
• Urgent interdicts to prevent imminent harm — restraining a resigning employee, freezing assets, or stopping a breach
• Shareholder and directors' disputes — derivative actions, winding-up applications, and buyout orders
• Restraint of trade enforcement and challenges
• Commercial lease enforcement — evictions, damages, and deposit recovery
• Insurance policy disputes and insurer repudiation challenges
• Arbitration representation — preparation, hearings, and enforcement of awards
• Appeals against Magistrate Court and High Court judgments