Marieta van Straaten, Partner

Don’t delay dealing with matters as this may prejudice your position. A delay in bringing a claim can affect the claims you are entitled to bring or the quantum of those claims; a delay in dealing with a claim brought against you can give rise to higher costs which could have been avoided if matters were dealt with earlier. Seek advice at an earlier stage;

Provide your solicitor with all information relating to your claim, even if the information appears to be ‘against’ you. All information will be kept confidential, but it is important that your solicitor is provided with all information.

Keep your books and records up to date and keep detailed notes of meetings and telephone discussions.

Will I be able to recover my costs from the other side?

The general rule for costs orders is that the unsuccessful party will be ordered to pay the costs of the successful party. However, costs orders are always at the discretion of the court and the court is given a wide discretion as to what costs orders to make. The court will consider each case on its own merits, taking into account the facts and the parties’ conduct.

How long will it take before my application or claim is heard by the court?

This will depend on the nature of your claim or application and the relief sought. It will also depend on whether the court gives any directions for the filing of evidence, whether expert evidence will be required, the length of the hearing that will be required and the availability on the court’s role. No two matters are the same.

Are you able to act for me on a Conditional Fee Arrangement (CFA) basis?

We will be prepared to act on a CFA if the matter is suitable for a CFA. This will be considered on a case by case basis, taking into consideration the nature of the claim.