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Public law
Public law is the body of law that regulates the relationship between the state and individuals (including companies). The following categories of public law are areas in which our firm provides legal advice and attends to any necessary litigation:
Public Procurement
We advise and assist private entities with the preparation and submission of tender documents. We challenge decisions or defend awards made in terms of tender processes
Constitutional Law
We assist private and public bodies in obtaining information regarding the Promotion of Access to Information Act. In addition, our services cover advice on fundamental rights including, but not limited to, the right to equality, privacy, property and dignity.
Administrative Law
We challenge decisions (or lack thereof) made by government bodies, authorities, departments or other organs of state. This includes decisions regarding firearm licences, liquor licences and any other administrative procedure. Our services in this respect comprise of providing counsel on administrative decisions, obtaining court orders or interdicts to enforce and protect the rights of clients, and providing expert advice and guidance on the formation of new policy or legislation.
Business rescue comprises of a course of action to facilitate the rehabilitation of a company that is financially distressed by providing for:
- The temporary supervision of the company and the management of its affairs, business and property
- A temporary suspension on the rights of claimants against the company or in respect of property in its possession
- The development and implementation of a business rescue plan
We provide the following related legal services:
- Advice on business rescue procedures and requirements
- All matters relating to liquidations and sequestrations
The Law of Insolvency is regulated by the Insolvency Act together with the New Companies Act. These are highly complex pieces of legislation that require substantial attention to detail. Our attorneys are available to guide clients through the processes and procedures associated with liquidations and sequestrations.
With the current global economy and its effect on South Africa being so unpredictable, many companies are looking to business rescue practitioners for answers. As a registered Business Rescue Practitioner, Martin Hood will advise on and co-ordinate a solution best suited to the needs of your business.
We provide the following related legal services:
- Advice on business rescue procedures and requirements
- All matters relating to liquidations and sequestrations
Business and commercial transactions are governed by commercial or corporate law. In order to run a successful enterprise or complete a successful deal, a corporate and the people behind it must be grounded with a solid legal foundation.
We advise our clients on all legal issues flowing from these transactions. If necessary, our dedicated team, who are experienced in both High Court and Magistrate’s Court Litigation, will pursue the relevant legal channels available to ensure and protect our clients’ corporate rights.
We assist and advise on the following related issues:
- Drafting of memorandum of associations
- General advice on all commercial related matters
Intellectual Property Law
Intellectual Property Law recognises the rights of individuals to claim their creative work or inventions as their own property, thereby protecting them under the various fields of law.
The most common types of intellectual property include copyrights, trademarks, patents, trade secrets and industrial design rights.
The capable staff at MJ Hood & Associates will help you to give effect to those rights and enforce the protection of any corresponding rights as may be necessary.
Contract law sets up a legal foundation in which two or more parties enter into an agreement and complete business transactions with the knowledge that their agreements will be upheld (or, if necessary, enforced) by the law.
We provide assistance if there has been a breach of contract and ensure that the parties involved are protected.
Criminal Law involves the rules that define proper conduct within a society and regulates the safety and welfare of the people within it.
At MJ Hood & Associates our team will assist you with any criminal charges laid against you, and will act on your behalf should you wish to lay charges against others for crimes committed against you.
We will also litigate on your behalf should this become necessary.
It is worthy to note that because of Martin Hood’s extensive experience in Firearm Law, we deal extensively with criminal matters that are firearm related.
Civil Law & Litigation
Civil Law is a body of law that deals with disputes between individuals or organizations, including disagreements over contracts, divorce, property ownership, and damages for personal and property damage.
We provide our services as a legal remedy to solve disputes in all areas that fall under civil law.
The Consumer Protection Act
Consumer protection is the body of law that protects the rights and interests of consumers and limits deceptive trade practices in the marketplace. The Act regulates consumer rights, namely:
- Equality in the consumer market
- Privacy
- Choice
- Disclosure and Information
- Fair and responsible marketing
- Fair and honest dealing
- Just and reasonable terms and conditions
- Value, quality and safety
Here at MJ Hood & Associates we provide advice and assistance concerning consumer complaints and disputes.
Estate Planning is a process undertaken to ensure that your personal assests are managed effeciently should anything happen to you. We assist you in forming a comprehensive plan to cover and protect your assests and to prevent any uneccessary problems from arising. Our services cover:
- General advice on related issues
- The drafting of wills
- Trust formation
- Winding-up of deceased estates
- Litigation, arbitration and dispute resolution
Labour Law
Labour law is a vast and somewhat complex area of South African law. It governs and regulates the relationship between employers and employees. We offer our services to both employers and employees alike who find themselves involved in a labour dispute. We offer advice and assistance with regard to the following related aspects:
- Dismissals
This includes unfair dismissals, constructive dismissals, and retrenchments
- Disciplinary Enquiries
This relates to the substantive as well as procedural aspects of such processes
- CCMA Proceedings
This includes advice on conciliations, mediations and arbitrations, as well as various other processes of the CCMA
- Employment Disputes
This relates to disputes that arise out of Contracts of Employment and the terms and conditions contained therein, as well as disputes relating to restraint of trade agreements.
MJ Hood & Associates provide a variety of services in relation to Family Law, including:
- Divorce
We strive to make the divorce procedure as simple as possible by ensuring the best professional service. We provide:
- General divorce advice
- Litigation
- Settlements
- Maintenance
- Parental rights and responsibilities
- Antenuptial and postnuptial contracts
We provide guidance and advice in this regard, including:
- Drafting
- Execution
- Registration of antenuptial and postnuptial contracts
- Domestic violence
We assist parties involved in violent relationships. Our services cover:
- Interim and confirmed domestic violence protection orders
- Obtaining interdicts
- Laying criminal charges against the accused
