Commercial, Property & Litigation (CPL)
An overview of Adams and Adams CPL services
Adams and Adams offers a wide range of specialist practice areas organized under the Commercial, Property and Litigation department. The department has shown significant growth over the past few years and currently comprise ten partners, three senior associates, two associates, six professional assistants, fourteen candidate attorneys and ten paralegals.
The CPL department is based in the Pretoria office of Adams & Adams.
Specialised advisory, transactional and litigation services are offered in the fields of practice, and through the contact persons, listed below:
- Administrative Law and Constitutional Disputes
- Grégor Wolter, Andrew Molver
- Arbitration and dispute resolution
- Grégor Wolter, David Scheepers, Jac Marais, Tiaan Smuts, Andrew Molver, Jean Paul Rudd
- Banking and Finance Law
- Leander Opperman, Neil Taylor, Martin Mota
- Commercial and Contract Law
- André Visser, Neil Taylor, Michael Gwala, Danie Strachan, Martin Mota
- Competition Law
- André Visser, Jac Marais, Alexis Apostolides
- Construction Law
- Grégor Wolter, André Visser, David Scheepers, Leander Opperman, Tiaan Smuts
- Consumer Protection Law
- André Visser, David Scheepers, Danie Strachan, Tiaan Smuts, Jac Marais, Jean Paul Rudd
- Corporate Work
- André Visser, Neil Taylor, Michael Gwala
- E-commerce and Information Technology
- André Visser, Neil Taylor, Danie Strachan
- Exchange Control
- André Visser, Danie Strachan, Martin Mota, Michael Gwala
- Family Law and Matrimonial Disputes
- David Scheepers
- Franchising
- André Visser, Danie Strachan
- Insolvency, Liquidation, Sequestration and ancillary issues
- Grégor Wolter, Leander Opperman
- Insurance law
- Grégor Wolter, David Scheepers, Leander Opperman, Nicolette Koch, Manisha Maganbhai-Mooloo, Tiaan Smuts, Andrew Molver, Jean Paul Rudd, Tracey Moss
- Labour Law and Employment
- Grégor Wolter, Manisha Maganbhai-Mooloo, Tiaan Smuts, Michael Gwala
- Licensing and Distribution
- Neil Taylor, Danie Strachan, Martin Mota
- Litigation
- Grégor Wolter, David Scheepers, Leander Opperman, Nicolette Koch, Manisha Maganbhai-Mooloo, Jac Marais, Tiaan Smuts, Andrew Molver, Jean Paul Rudd, Tracey Moss
- Mergers and Acquisitions
- André Visser, Neil Taylor, Michael Gwala, Martin Mota, Jac Marais
- Mining Law
- André Visser, Michael Gwala, Martin Mota
- Personal Injury Claims including Medical Malpractice
- David Scheepers, Nicolette Koch, Manisha Maganbhai-Mooloo, Jean Paul Rudd
- Professional Negligence
- David Scheepers, Nicolette Koch, Manisha Maganbhai-Mooloo, Jean Paul Rudd
- Property Law and Conveyancing
- Roelof Grove
- Tax and Estate Planning
- André Visser, Michael Gwala, Martin Mota
Further details of the specialised services are as follows:
Administrative Law and Constitutional services include:
- Procuring information in terms of the Access to Information Act
- Requests for reasons under, and ensuring compliance with, the Promotion of Administrative Justice Act
- Constitutional and human rights litigation
- Data protection
- Expropriations and land claims
- Judicial review of actions taken by organs of state
- State procurement and public private partnerships (PPPs)
- Tender preparation and adjudication
- Regulatory compliance
Arbitration and Dispute Resolution Services include:
- Representing clients in arbitration proceedings as an alternative dispute resolution forum, in respect of all issues covered by our litigation services Advice on resolution of disputes
Banking and Finance Law services include:
- Advising on banking law in general
- Advising on credit agreements and the National Credit Act
- Advising on the structuring and assisting with the drafting and/or review of financial arrangements, project finance and related transactions, including public private partnership arrangements (PPP’s) with government departments
- Banking and financial markets law and legislation
- Banking and related litigation, including recoveries, foreclosures and repossessions
- Collective investment schemes, private equity and hedge funds
- Hedge fund structuring, listing and related documentation
- Advising on trading documentation including prime brokerage agreements and derivative documentation
- Advising on Investment Management Agreements, sales and distribution arrangements
- Financing into and out of South Africa
- Preference share finance
- Public sector finance
- Retail and wholesale financial services, including the Securities Services Act and the Financial Advisory and Intermediary Services Act
- Security structures / security SPV’s
- Simple and syndicated loans
- Structured financing
Commercial and Contract services include:
- Advising on, assisting with the negotiation and drafting of a wide variety of commercial contracts, both domestic and international
- Furnishing general commercial advice
- Drafting all types of commercial contracts, including manufacturing, distribution, sales and agency arrangements, outsourcing agreements and the like
- Advising on the interface between competition law and intellectual property
Competition Law services include:
- All aspects of compliance, including in-house training
- Preparing, submitting and moving applications for approval of mergers and acquisitions before the Competition Commission and Competition Tribunal
- Opposing mergers on behalf of parties who are concerned about the anti-competitive implications of the merger
- Reviewing all agreements and advising on the competition law aspects
- Applying for exemptions in respect of prohibited practices
- Cartel investigations and settlements
- Dealing with complaints regarding prohibited practices
- Instituting and defending complaints to the Competition Commission
- Interim relief applications
- Obtaining advisory opinions from the Competition Commission
- Appeals and reviews to the Competition Appeal Court
Construction Law services include:
- Drafting construction contracts
- Advising on the implementation on construction contracts, issuing of formal notices, processes to be followed, extensions of time and the like
- Recovery of amounts due under interim and final payment certificates
- Builders lien
- Declaration of disputes and arbitration
Consumer Protection Law services include:
- Advice on the implications and compliance with the requirements of the Consumer Protection Act
- Assisting with any investigation of complaints lodged with the Consumer Protection Commission and hearings before the Tribunal
- Assisting insurers with considering amendments to their insurance policies in respect of the risk of product liability and the rating of that risk
- Reviewing the risk control procedures of product manufacturers, suppliers and distributors in the context of the Act
- Advising on product liability and handling litigation in respect thereof
Corporate services include:
- Advising on all aspects relating to corporate legislation
- Structuring of BEE transactions, charters and codes of good practice
- Advising on, and implementing, corporate transactions such as the issue or transfer of shares, rights issues, share buybacks and similar transactions
- All other contractual arrangements relating to incorporated entities and its members
- Regulatory filings with the Registrar of Companies to amend corporate details of all incorporated entities and to amend and update CIPRO records, as well as deregistrations
- Reregistration of deregistered entities
- Assisting offshore companies in establishing a business presence in South Africa, including advice on the appropriate business structure, and the legal, tax and exchange control consequences thereof
- Regulatory work for the Departments of Minerals and Energy and Agriculture
- Corporate restructuring
- Drafting and reviewing of shareholders’ agreements and association agreements and assisting in the negotiation thereof
- The duties and responsibilities of directors and their officers
- The selection of the most appropriate entity which includes the incorporation of companies and closed corporations and the formation of partnerships
- Establishment of Trusts
E-commerce and Information Technology services include:
- Advising on all aspects of e-commerce including the legal consequences of electronic business transactions
- Assisting with the drafting, reviewing and negotiations of all IT related agreements, including software licence and/or development agreements and IT support and maintenance agreements
- Reviewing and/or drafting terms and conditions of use of web pages
Exchange Control services include:
- Investments and transfers offshore by individuals
- Inward investments
- License, distribution and agency agreements
- Cross border restructurings
- Reviewing transactions and agreements for compliance with exchange control regulations
- Transfer of assets
Family Law and Matrimonial Disputes services include:
- Antenuptial contracts and changes in matrimonial property regimes
- Assistance in reaching amicable settlements through negotiation and support
- Rule 43 applications for interim relief
- Mediation in family law disputes
- Divorces
- Enforcement of orders relating to family law matters
- Parental responsibilities and rights including guardianship, care and contact
- Rights of fathers of children born out of wedlock (and of those children)
- Childrens’ rights
Franchising services include:
- Advising on the interface between franchising, intellectual property and competition law
- Advising on all requirements for franchising, licensing and similar agreements
- Advise on and liaising with the Franchise Association of South Africa
- Assisting both franchisors and franchisees with the setting up and entering into of franchise operations
Insolvency, Liquidation, Sequestration and ancillary issues services include:
- Advising stakeholders on the voluntary winding up of companies
- Applications for sequestration of trusts and individuals (voluntary and compulsory)
- Applications to liquidate listed, private or public companies and close corporations
- Cross-border insolvency
- Insolvency enquiries
- Insolvency related litigation matters
- Judicial management
- Liability of directors and other ancillary issues
- Offers of compromise
- Proof of claims
- Schemes of arrangement
Insurance Law services include:
- Enforcement of insurance contracts, and dealing with repudiations and underwriters
- Fire damage to property
- Material damages claims related to motor vehicles
- Reinsurance
Labour Law and Employment services include:
- Advising on the Labour Relations Act, Basic Conditions of Employment Act and related legislation
- Advising on restraints of trade
- Advising on unfair competition
- All forms of employment litigation, including conducting internal disciplinary procedures
- Negotiation and drafting of employment contracts
- Policy development and drafting
- Structuring of employment affairs
Licensing and Distribution services include:
- Advising on and assisting with the negotiation and drafting of a wide variety of licensing and distribution contracts, both domestic and international
- Furnishing general commercial advice in relation to licensing and distribution agreements
- Advising on the implications of exchange control, competition law and/or intellectual property in relation to licensing and distribution agreements
Litigation services include High Court actions and applications, in respect of disputes involving:
- Administrative law
- Aviation claims
- Banking law (including commercial disputes, negotiable instruments, foreclosures and repossessions)
- Building and construction disputes
- Competition law
- Constitutional law
- Construction and engineering law
- Contractual, corporate and commercial matters
- Enforcement and protection of contractual and delictual rights
- Family law and matrimonial disputes
- Insolvency, including liquidation of companies and close corporations, and sequestration of trusts and individual users
- Insurance law
- Labour law and employment
- Personal injury claims, including those arising out of motor vehicle accidents, medical negligence, assault, actions of animals, ultra vires actions of the state, and cases of vicarious liability
- Product liability, unfair business practices and consumer issues
- Professional negligence claims including those arising out of a failure to fulfil a mandate or to discharge a duty of care by legal professionals, doctors and hospitals
- Restraints of trade and unlawful competition
- Statutory and regulatory matters (advice on and resolution of disputes with regulators)
Mergers and Acquisitions services include:
- Advising on all types of reorganisations, share transfers, business or asset transfers, both locally or cross-border
- Company sales and purchases
- Drafting, reviewing and implementing all agreements in respect of mergers, acquisitions and restructurings
- Due diligence investigations and reports
- Listings / secondary listings
- Management buy-outs
- Privatisations
- Purchases and Sales of Businesses
- Schemes of arrangement
- Structuring and financing of BEE transactions
- Take-overs
- The statutory and regulatory environment affecting listed public and other companies
Mining Law services include:
- Advising on and structuring transactions involving mineral rights
- Drafting agreements/documents relating to the conversion, acquisition and disposal of mining rights and titles
- Advising on and obtaining any consent required in terms of the MPRDA and other environmental statutes
- Advising on beneficiation and royalty issues
Personal Injury Claims including Medical Malpractice:
We assist clients who were injured:- As a result of an assault
- At shopping centres, airport terminal buildings, parking lots and other public areas
- Due to medical negligence of doctors or state hospitals
- Due to the actions of animals
- Due to ultra vires actions of the state
- In aircraft and helicopter accidents, locally and abroad
- In cases of vicarious liability
- In foreign countries
- In motor vehicle accidents (including claims against the Road Accident Fund)
Professional Negligence services include:
- Claims against professionals, such as doctors, attorneys and engineers who fail to fulfil mandates or breach their duty of care or fail to act in accordance with the skill expected of such professionals
Property Law and Conveyancing services include:
- Advising on and drafting of commercial and residential leases
- Commercial and residential developments, including township establishment and sectional title developments
- Conventional transfers of properties, as well as transfers as a result of or in terms of liquidations, auctions, court orders, foreclosures, divorces, donations and deceased and insolvent estates
- Financial planning and structuring of share block and time share schemes
- Financial structuring of property transactions
- Miscellaneous applications, consents and endorsements required in the conveyancing process
- Negotiating and drafting agreements relating to the sale of properties, both residential and commercial
- Project and commercial property development finance
- Property Finance
- Registration and cancellation of all types of bonds, including mortgage-, surety-, collateral- and notarial bonds
- Registration of all types of servitudes
- Subdivision and consolidation of properties
Tax and Estate Planning services include:
- All aspects of living and testamentary wills, drafting wills, drafting and registration of trust documents as well as advising on general personal estate planning ensuring tax efficiency
- Cross border transactions and investment structures
- Income tax, capital gains tax, estate duty, value added tax, securities transfer tax
- Secondary tax on companies
- Tax litigation, objections and appeals
- The structuring of commercial transactions to minimise tax liabilities
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The firm practises directly in several Southern African countries and through long-established associates in others.
