Our Legal Services

Business Rescue & Insolvency

Business rescue proceedings facilitate the corporate rescue and rehabilitation of companies that are financially distressed.

The Companies Act provides for the temporary supervision of the company and of the management of its affairs, business and property. It also allows for a temporary moratorium on the rights of claimants against the company or property in the company’s possession, and if approved, the development and implementation of a business rescue plan. The plan aims to rescue the company by restructuring its affairs, business, property, debt and other liabilities and equity.

The objective of business rescue is to maximise the likelihood of the company continuing in existence on a solvent basis or, if this is not possible, to obtain a better return for the company’s employees, creditors and shareholders than would result from the immediate winding-up of the company.

The success of business rescue matters require the support of employees and creditors; a highly skilled business rescue practitioner; and a workable business rescue plan and post-commencement finance.

We will work with you to ensure that you receive the appropriate advice in determining whether to proceed with business rescue proceedings and to then ensure that all the required elements are in place to give your business the best chance of success.

We assist clients with a number of insolvency-related matters, including:

  • Acting for liquidators or trustees in all aspects of the winding-up or sequestration process.
  • Conducting of all forms of insolvency enquiries on behalf of creditors, liquidators or trustees.
  • Providing advice on the commencement of liquidation or sequestration proceedings and the bringing of such applications.
  • Assisting with insolvency-related litigation and applications to court.
  • Advising on employment-related aspects of insolvency.
  • Advising on cross-border recognition of liquidation proceedings.
  • Considering and advising on the effect of insolvency on contracts.
  • Advising on reckless trading and directors’ personal liability.
  • Conducting forensic investigations.

We represent parties in all forms of general commercial litigation, and are called upon to furnish advice as to the institution or defence of actions or the launching or opposing of applications within that context.

We also assist clients with urgent applications and interdicts.

We represent clients nationally in any of the Magistrate Courts and Divisions of the High Court; the Supreme Court of Appeal; and the Constitutional Court of South Africa.

We have an impeccable success rate and have acted in many notorious matters.

Our approach to litigation demonstrates our fluidity in adapting to any scenario in order to ensure our clients are strategically well placed in the litigation as presented, coupled with our exceptional turnaround times and our focus on efficiency.

We embrace doing legal work pro bono publico (for the public good), not only premised on our moral convictions, but also in order to contribute and give back to the community.

Applications for pro bono assistance are considered on a case-by-case basis.