Legal advice for the way your business operates.
A business agreement needs to work in practice, and a dispute needs more than a generic response. HRA assists owners, directors, shareholders and businesses with commercial contracts, governance arrangements, transactions and litigation.
The initial telephone discussion is free and helps us understand whether the firm can assist. A paid consultation is arranged where appropriate. We aim to respond within one working day after receiving your enquiry.
Which issue brings you here?
Drafting, reviewing or negotiating terms
Drafting, review and negotiation of business agreements.
View serviceBuying, selling or restructuring an interest
Advice on company arrangements and governance responsibilities.
View serviceResponsibilities between owners
Clarifying responsibilities, money, decision-making and exit arrangements.
View serviceA disagreement or demand
Bringing, defending or resolving business disputes.
View serviceCommercial services
Commercial Contracts
Drafting, review and negotiation of business agreements.
Corporate Governance & Structuring
Advice on company arrangements and governance responsibilities.
Commercial Litigation
Bringing, defending or resolving business disputes.
Shareholder & Director Disputes
Deadlock, exclusion, contested decisions and negotiated exits for shareholders and directors.
Sale & Purchase of Businesses
Legal support for the terms and structure of a business transaction.
Partnership Agreements
Clarifying responsibilities, money, decision-making and exit arrangements.
Support from agreement to dispute
Whether you are drafting an agreement, structuring a company, buying or selling a business or facing a dispute, the practical decision is the same: identify the document and authority involved, the exposure and the next step that fits the issue.
| Decision | What it involves | Where to start |
|---|---|---|
| Drafting or reviewing an agreement | Making a new or existing arrangement work and spotting what could fail. | Commercial contracts |
| Structuring or governing a company | Aligning ownership, director authority and records with how the business runs. | Corporate governance and structuring |
| Buying or selling a business | Understanding what transfers, what liabilities remain and what must precede completion. | Buying or selling a business |
| A disagreement or demand | Assessing rights, evidence and proportionate steps before litigation or settlement. | Commercial litigation |
HRA can assist with preparing and reviewing agreements, identifying legal issues in a proposed transaction, clarifying arrangements between business participants, and bringing or defending appropriate proceedings. Where needed, the enquiry can also draw on the firm's property, employment or financial-distress practice.
Kelly Girnun has joined the commercial-law team. Hugh Raichlin and Jessica El-Hage also bring relevant commercial and litigation experience. The firm will determine the appropriate people and scope after assessing the enquiry.
A useful first discussion is specific
The agreement
What document or arrangement governs the position?
The decision
What are you being asked to sign, do or respond to?
The exposure
What dates, commitments or business consequences need attention?
Documents to have available
A draft or signed agreement, company and role details, key correspondence, relevant resolutions and a short chronology are useful starting points. Explain who you represent and what authority you have to instruct. Do not disclose confidential transaction documents through the general enquiry form.
Common mistakes to avoid
Do not assume a standard template covers a negotiated deal, that one shareholder can automatically speak for the company, or that a letter of demand is the right response to every disagreement. Discuss objectives and risk before committing to a process.
Attorney authority
Hugh Raichlin
Principal Attorney & Accredited Mediator
Commercial and litigation experience across 40 years of legal practice.
View profileKelly Girnun
Attorney · Commercial Law
Kelly Girnun is part of HRA's commercial-law team. Contact the firm to discuss your business-law enquiry.
Discuss a commercial matterTshepo Mohapi
Attorney & Labour Law Consultant
Employer and executive labour-law advice, with civil and commercial litigation experience including published passing-off and rescission proceedings.
View profileNach Investments (Pty) Ltd v Knight Frank South Africa (Pty) Ltd
Supreme Court of Appeal · 16 March 2001
[2001] ZASCA 13
Hugh Raichlin was the attorney of record for the successful Knight Frank party in a property-broker commission dispute. The Supreme Court of Appeal upheld the decision in Knight Frank's favour, finding that the offer it produced was the effective cause of the sale and that commission was payable.
Label: Property broker commission and effective cause. These are selected matters, not a prediction of the outcome of any future case. Advice and results depend on the facts, evidence and applicable law.
Selected published judgments from Tshepo's practice
These published proceedings illustrate Tshepo Mohapi's civil and commercial litigation experience. The practice and party represented are identified below.
The judgments record Tshepo Mohapi Attorneys as the instructing practice. These matters form part of Tshepo's professional experience and are not presented as instructions to HRA.
Applebite: business goodwill and passing-off litigation
Tshepo Mohapi Attorneys
Recorded practice: Tshepo Mohapi Attorneys
Published judgments record Tshepo Mohapi Attorneys acting for the original applicants, and later for the respondents on appeal, in a dispute between restaurant businesses using the Applebite name and branding. The proceedings concerned business goodwill, passing off and competing signage and online marketing.
[2022] ZAGPJHC 706 · 20 September 2022
Passing-off relief
The court granted relief to Gonbar Investments CC and Alex Jay Catering CC, the second and third applicants. The dormant first applicant did not establish standing.
[2022] ZAGPJHC 706 (20 September 2022)[2022] ZAGPJHC 866 · 2 November 2022
Opposition to leave to appeal
The opposing parties' application for leave to appeal was dismissed with costs. The appearances record Tshepo Mohapi Attorneys instructing Advocate A P Allison for the original applicants.
[2022] ZAGPJHC 866 (2 November 2022)[2024] ZAGPJHC 22 · 12 January 2024
Appeal dismissed
After the Supreme Court of Appeal granted leave to appeal, the High Court full court dismissed the appeal with costs. Tshepo Mohapi Attorneys represented the respondents.
[2024] ZAGPJHC 22 (12 January 2024)
These decisions concern one dispute. The case is about passing off and goodwill, not a general determination of registered-trademark ownership. The Supreme Court of Appeal granted leave; the reported merits appeal was decided by the High Court full court.
Lumka v BMW Financial Services: rescission proceedings
[2023] ZAGPJHC 641 · 2023
[2023] ZAGPJHC 641
Recorded practice: Tshepo Mohapi Attorneys
Case number: 5301/2021
In Lumka v BMW Financial Services SA (Pty) Ltd and Another, the court dismissed Lumka's rescission application following non-compliance with an earlier procedural order. The published appearances identify Tshepo Mohapi Attorneys as acting for BMW Financial Services, the first respondent.
This was a favourable procedural result for BMW, not a victory against BMW or a determination of every issue in the underlying finance dispute.
Frequently asked questions
Can you review a contract we have already drafted?
Can HRA act for both business partners?
Can a business dispute be mediated?
Can you help when the matter involves property or employees?
Related practice areas
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Explain the agreement, decision or dispute, and the firm will assess the next step.