Previous Next Suing a Foreign Company Jurisdiction refers to the ability of a particular court to hear a matter which has been brought before it and to grant the appropriate relief in respect thereof. In South Africa, a company is said to reside at its principle place of business or registered office. This article will focus on establishing jurisdiction over foreign defendant companies when suing for a claim sounding in money.
Depending on your situation it may be that legal action is not necessarily an option. You need to make an assessment of the pros and cons of pursuing the claim in the courts before you proceed.
There are several factors to consider before taking legal action: Proof Can you prove your claim? Do you have relevant documentation such as an invoice, text message, letter or email, or witnesses who will back up your version of events? Legal Issues If there are issues of law involved, or if there is some doubt about how a court may view your claim, it may be advisable to obtain legal advice before proceeding.
However, it will be some months before a trial occurs if the other party does not agree to your claim. Enforcing the judgment will take some time after this and, if the other party has been ordered to pay you money, the debt may not be paid in full straight away but in instalments.
You would need to be available in court at the time set for your directions hearing and trial. Costs Fees in relation to a minor civil action need to be paid when: This cost will usually be borne equally between the parties, and may be recoverable by the successful party at the conclusion of the matter.
Cost Scales, Cost Scale 2: All these costs are usually recoverable from the opposing party if you win. To view current fees that may apply, visit: Other Factors Do you wish to preserve the relationship with the opposing party s or others?
Will mediation or further negotiation be more likely to produce a desirable result? In some cases, a business debt that is written off may be tax deductible.A court might be hard pressed to enforce a contract that essentially functions as a restraining order against people that you do business with.
Clients are not your property. Perhaps the information you gathered on them is confidential, but would be protected under the trade secrets doctrine as confidential and important information.
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