Commercial Litigation Lawyers in Johannesburg
When a business dispute threatens money, control or continuity, the first requirement is a clear assessment of rights and practical options. Hugh Raichlin Attorneys assists with commercial litigation, negotiation and appropriate dispute resolution in Johannesburg.
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 follow up within one working day after receiving your enquiry.
Principal Attorney & Accredited Mediator
Reported High Court and Supreme Court of Appeal litigation experience in commercial disputes.
This page is for you if…
- A contract has been breached or payment refused.
- Shareholders, directors or partners are in conflict.
- You have received a demand, summons or application.
- You need to protect a business position while considering settlement.
How Hugh Raichlin Attorneys can help
Assess the claim or defence
We review the documents, factual history and legal basis for relief. Important questions include who has the claim, who may be liable and whether the requested remedy can achieve the commercial objective.
Prepare and conduct proceedings
The work can include demands, pleadings, applications, discovery, evidence preparation and court representation through the appropriate legal team. Specialist counsel or experts may be needed.
Negotiate from an informed position
Settlement can be considered before or during proceedings. Mediation or arbitration may be appropriate, but the role, agreement and court requirements must be identified clearly.
What to consider before deciding
Urgency is a legal issue, not a label
Provide the papers and deadline immediately when enquiring. The firm does not generally promise same-day acceptance; waiting for a website response is not a safe way to preserve a court deadline.
A judgment is not the same as recovered money
The debtor's position, assets, enforcement and insolvency can affect recovery. Assess commercial value rather than pursuing a claim solely because its face value is large.
Costs should be proportionate
Court-awarded costs do not necessarily cover every legal expense. Scope, risk, experts, interlocutory steps and settlement alternatives should be discussed with the client.
Strategy checkpoints
Legal basis
The cause of action and available relief.
Evidence
Documents, witnesses and expert input.
Forum
The appropriate court or dispute-resolution body.
Cost & recoverability
Proportionate cost and prospects of recovery.
Resolution & enforcement
Settlement, judgment and enforcement steps.
These checkpoints inform strategy. They do not imply a guaranteed outcome or a compulsory litigation ladder.
The next steps
- 1Identify the dispute, documents and any deadline.
- 2Assess rights, evidence, forum and recovery objective.
- 3Agree a strategy and scope for negotiation or proceedings.
- 4Manage the matter and review settlement, enforcement or implementation.
Information to prepare
A brief enquiry is enough to start. Keep the relevant information below available for the consultation where possible. Send sensitive documents only when the firm requests them through an appropriate channel.
- The contract and amendments, demands and court papers.
- A factual chronology and relevant correspondence.
- Invoices, payment records and supporting documents.
- Relevant company authority and a witness or document list.
- The outcome you need and any existing deadline.
Common mistakes to avoid
Do not ignore served papers, destroy records, make admissions casually, assume threats establish a cause of action or use liquidation merely to pressure payment of a genuinely disputed debt.
Relevant experience for your matter
Hugh's experience includes reported High Court and Supreme Court of Appeal matters. In Nach Investments v Knight Frank, HRA acted for the successful respondent in an estate-agent commission dispute. The case illustrates experience, not an assurance of another case's outcome.
Tshepo Mohapi's experience includes civil and commercial litigation, with published judgments involving passing-off and rescission proceedings recorded under Tshepo Mohapi Attorneys.
Hugh Raichlin
Principal Attorney & Accredited Mediator
BA, LLB · University of the Witwatersrand
Reported High Court and Supreme Court of Appeal litigation experience in commercial disputes.
View Hugh's profile
Jessica El-Hage
Attorney
LLB · University of Johannesburg
Commercial and civil litigation preparation and representation.
View Jessica's profile
Tshepo Mohapi
Attorney & Labour Law Consultant
LLB · University of Johannesburg
Civil and commercial litigation experience, including the Applebite passing-off dispute and rescission proceedings reported under Tshepo Mohapi Attorneys.
View Tshepo's profileSelected 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 defend a commercial claim as well as bring one?
Yes, subject to instructions, suitability and conflict checks.
Does litigation mean settlement is no longer possible?
No. Resolution can remain possible, but procedural deadlines must still be managed.
Can you guarantee recovery if we win?
No. Enforcement and the opposing party's financial position can affect recovery.
Can a neutral mediator also be our litigation attorney?
Those are distinct roles. The firm must clarify the appointment and any conflict before proceeding.
Related services
Legal Insights
Corporate debt and prescription: identify the claim, the debtor and the clock
A company debt, suretyship and director-liability claim may have different foundations. Identify the facts and deadlines before assuming recovery remains available.
Lost profits after a breach: compare contractual liability with insurance cover
Compare a lost-profit claim with the contract and insurance wording. Prepare evidence of liability, loss and mitigation rather than relying on a consequential-loss label.
Assess the dispute before deciding how to respond.
Tell us the facts, the documents and the outcome you need. We will identify the legal basis, options and next step.
How to get started
- 1
Send a brief enquiry, or start an AI-assisted WhatsApp enquiry at any time.
- 2
The initial telephone discussion is free and helps the firm assess whether it can assist. Where the firm may be able to help, an attorney ordinarily follows up within one working day.
- 3
Where appropriate, a paid consultation is arranged. Its scope and fees are confirmed separately; consultations are usually in person, with remote arrangements considered where suitable.
WhatsApp AI gathers initial information; it does not provide legal advice. An enquiry does not confirm an appointment, acceptance of a matter or action on a deadline.
Contact the firm
This website provides general information, not legal advice. Sending an enquiry does not by itself create an attorney-client relationship. Each matter is assessed on its own facts.