by Nicolene Schoeman-Louw
Often when clients find themselves in a dispute, we are asked as attorneys to comment on the prospects of success, which is sometimes a challenging question to answer effectively. In South Africa, we follow an approach that all matters are based on a balance of probabilities (concerning civil cases). In simple terms, this means that the version the judge or magistrate is most persuaded to be most probable will succeed. But, of course, the legal requirements also play a role and should not be overlooked.
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