Commercial Litigation Attorneys

MOST CLAIMS PRESCRIBE AFTER THREE YEARS. AFTER THAT, IT NO LONGER MATTERS WHO WAS RIGHT.

A dispute you are not dealing with is still costing you, in time, in cash flow and eventually in the right to bring it at all. We tell you early whether a claim is worth running, and then we run it properly.

Why Choose Us

With 60+ years of litigation behind us, we offer:

  • An honest read on the merits, up front. Some claims are not worth running and we will say so before you have spent anything. That advice has saved clients more than any judgment we have won for them.
  • Commercial judgement, not just legal argument. The question is rarely whether you are right. It is whether pursuing it makes commercial sense against the cost, the time and the counterparty’s ability to pay.
  • Set up to move quickly when it matters. Urgent interdicts and attachments do not wait for a convenient week. We are geared to bring them.

What We Handle

Contract Disputes. Interpretation, performance and termination, whether you are enforcing the agreement or defending against it.

Breach of Contract Claims. Recovering what the breach has cost you, including consequential loss where the contract allows it.

Business and Shareholder Disputes. Partners, directors and shareholders in conflict, including deadlock and oppressive conduct.

Damages Claims. Quantifying and pursuing loss, and defending claims brought against your business.

Urgent Interdicts. Stopping something before it happens, or before it gets worse, on an urgent basis.

Debt recovery and unpaid invoices are handled by our commercial debt recovery team.

Deadlines Are Critical, Act Now

In commercial disputes, the cost of waiting is rarely obvious until it is too late. Delay can mean:

Prescription, most contractual claims fall away after three years, and no court can revive them
A counterparty who was solvent when the dispute started and is not by the time you act
Documents, emails and the people who wrote them all becoming harder to find
Losing the urgency that would have justified an interdict, because you sat on it

Let's Start Today

Every legal matter has a deadline — and delaying action could cost you money, rights, or peace of mind. The sooner you reach out, the sooner we can start protecting what matters most to you. 

Take control of your situation today.

"I was pleasantly surprised at the angles our attorney took with our case, very cleaver and out the box thinking!"

– Satisfied Client

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We’ve Expanded to Cape Town

With offices now in Durban and Cape Town, Berkowitz Cohen Wartski Attorneys is better positioned to assist clients across South Africa with accessible, professional legal services.