Insolvency law refers to a status of diminished legal capacity imposed by the courts on persons who are unable to pay their debts, or (which amounts to the same thing) whose liabilities exceed their assets. The insolvent's diminished legal capacity entails deprivation of certain of his important legal capacities and rights, in the interests of protecting other persons, primarily the general body of existing creditors, but also prospective creditors. Insolvency is also of benefit to the insolvent, in that it grants him relief in certain respects.
Where we act
Members of our chambers are regularly briefed on the full lifecycle of commercial matters — from formation, finance and contract through dispute, dissolution and recovery. Our counsel appear in the High Court, Supreme Court of Appeal, the Companies Tribunal and arbitration forums across South Africa.
How we work
Briefs may be sent directly to a named member or routed through our clerk, who will recommend the most appropriate counsel by seniority and area of focus. Opinions, drafting, mediation, hearings and appeals are all undertaken on the standard JSA tariff with clear scoping at the outset.
Who briefs us
Our Insolvency Law members act on instructions from attorneys representing organs of state, listed and unlisted companies, NGOs, professional bodies and individuals across South Africa.
