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Litigation


Services

  • Constitutional Court
  • Litigation relating to constitutional issues and rights
  • High Court
  • Motion Court appearances
  • Civil litigation
  • Commercial litigation
  • Matrimonial and family law litigation
  • Motor vehicle accident claims
  • Personal injury claims
  • Liquidations and Insolvencies
  • Criminal law cases
  • Magistrate's Court
  • Civil litigation
  • Criminal cases in both district and regional courts
  • Arbitrations and Mediation - in civil and matrimonial disputes
  • Debt Collections - All aspects of debt recovery
Law Online

The litigation team consists of four partners (three of whom are from different original firms, bringing complementing styles and attributes), a consultant, a professional assistant and two candidate attorneys. We offer a complete range of litigation services in the fields of civil, constitutional and criminal law. Our approach to litigation is a pragmatic one, where the resolution of disputes by the most commercially satisfactory method is preferred to lengthy and expensive litigation proceedings. Alternative means of dispute resolution are increasingly being adopted in suitable cases as an informal and rapid way of resolving disputes and these are being recommended to clients whenever appropriate.

Richard Scott

 

Richard, the current Senior Partner, has been with this firm since its early days, having previously led the litigation department in another established Pietermaritzburg practice. He is also the head of both the litigation and labour departments, and has been involved in general High Court and Magistrate's Court litigation since 1979 and in Labour Law since 1980. Richard acts for a number of corporate and institutional clients and specialises in representation at the CCMA and the Labour Court and is currently a member of the SASLAW committee for the KZN chapter. Richard was the Vice President of the KwaZulu-Natal Chapter of SASLAW in 2005 and is an external examiner for the Law Faculty of KZN. He also has a seat on the Epworth Board of Trustees and is a former chairman of this board.


 

Callum Smythe

Callum is a former partner of Smythe & Co which amalgamated with this firm in 1996. He is a senior litigation attorney, having practised since 1980 and has a varied litigation practice, acting for both high profile individual clients and a number of insurance companies and corporate clients in both the High and Magistrates’ Courts.

 

 

 

 

David Poole

David heads up the firm's collections department and is actively involved with all of the collections matters on behalf of clients. He adopts a hands on approach and is also pragmatic about assessing the chances of recovery of debts. Dave was admitted in 1992 and has more than ten years experience in the collection of debts in a fast and efficient manner.

 

 

 

 

Kathryn Rees

Kath completed her articles of clerkship with Austen Smith and was admitted as an Attorney in 2002. She joined the partnership on 1 March 2005. She has specialised in family law and matrimonial law with a general civil litigation practice in both the High Court and Magistrate’s Court and has handled Plaintiff claims against the Road Accident Fund. She has handled labour matters, representing clients in the CCMA and the Labour Court and drawing contracts and disciplinary procedures and policies. She is also a Conveyancer.

 

 

 

Melanie Kennard

Melanie completed her articles of clerkship with Austen Smith in 1999 and was admitted to practise as an attorney in the same year. Melanie practices in the High and Magistrates’ Court, the Land Claims Court and the Labour Court and specialises in labour law, land claims, evictions and general litigation. Melanie represents a significant number of farming clients, advising them, particularly, on labour-related land issues. Since July 2004, Melanie has practised as a consultant to the firm.

Mpumelelo Mchunu, Murray Smythe and Riaaz Essa

Mpumelelo Mchunu and Murray Smythe are second year candidate attorneys and Riaaz Essa is a first year candidate attorney. They work under the direct supervision of the partners in the litigation and commercial departments.