TLI4801
OCT/NOV PORTFOLIO 2025
UNIQUE NO. 642794
DUE DATE: 28 OCTOBER 2025
, Techniques in Trial and Litigation
Question 1 – Civil Practice
Question 1.1
(a) Advisability of commencing with a letter of demand
It is advisable for Mrs N. Slipper to commence the legal process against Slip and Shiny
Hotel (Pty) Ltd by first issuing a letter of demand. The letter of demand serves several
purposes in civil litigation. Firstly, it provides the defendant (the hotel) with formal notice
of the plaintiff’s (Mrs Slipper’s) claim and an opportunity to settle the matter before
litigation commences (Marnewick, 2024:45). The letter outlines the factual background,
the nature of the injury, the legal grounds for liability, and the damages suffered.
The benefits of issuing such a letter include:
Promoting early settlement and avoiding costly litigation (Rule 41A of the
Uniform Rules of Court encourages pre-litigation settlement attempts).
Demonstrating good faith on the plaintiff’s part, showing that litigation was not
rushed into unnecessarily.
Establishing a paper trail that can be used as evidence of attempts to resolve
the dispute amicably.
Triggering the running of interest under the Prescribed Rate of Interest Act 55
of 1975, from the date of demand.
Clarifying the issues in dispute, as the defendant’s response may identify
potential defences.
Therefore, before instituting action, Mrs Slipper’s attorney should issue a written letter
of demand, giving the hotel a reasonable period (typically 14 days) to respond or settle
the claim.
OCT/NOV PORTFOLIO 2025
UNIQUE NO. 642794
DUE DATE: 28 OCTOBER 2025
, Techniques in Trial and Litigation
Question 1 – Civil Practice
Question 1.1
(a) Advisability of commencing with a letter of demand
It is advisable for Mrs N. Slipper to commence the legal process against Slip and Shiny
Hotel (Pty) Ltd by first issuing a letter of demand. The letter of demand serves several
purposes in civil litigation. Firstly, it provides the defendant (the hotel) with formal notice
of the plaintiff’s (Mrs Slipper’s) claim and an opportunity to settle the matter before
litigation commences (Marnewick, 2024:45). The letter outlines the factual background,
the nature of the injury, the legal grounds for liability, and the damages suffered.
The benefits of issuing such a letter include:
Promoting early settlement and avoiding costly litigation (Rule 41A of the
Uniform Rules of Court encourages pre-litigation settlement attempts).
Demonstrating good faith on the plaintiff’s part, showing that litigation was not
rushed into unnecessarily.
Establishing a paper trail that can be used as evidence of attempts to resolve
the dispute amicably.
Triggering the running of interest under the Prescribed Rate of Interest Act 55
of 1975, from the date of demand.
Clarifying the issues in dispute, as the defendant’s response may identify
potential defences.
Therefore, before instituting action, Mrs Slipper’s attorney should issue a written letter
of demand, giving the hotel a reasonable period (typically 14 days) to respond or settle
the claim.
