Andrew Ginsberg

After completing a postgraduate LLB at the University of the Witwatersrand in Johannesburg, Andrew relocated to Cape Town to join a leading corporate practice in their litigation and dispute resolution department. Andrew was active in student politics whilst at Wits having been elected to the Law Students Council and sat as a student representative on the University’s disciplinary board.

After completing his articles, Andrew was appointed as a professional assistant before joining Craig as a senior associate at Assheton-Smith Incorporated in 2012. Andrew became a Director of the firm in 2014 and the firm name was changed in 2018 to include Ginsberg as named partner.

With a varied practice which is both a testament to his versatility as a practitioner and his interest in all aspects of the law and legal practice, Andrew has litigated in almost all of the local and provincial divisions of the High Court, has had several matters before the SCA, Labour Appeal Court, and Competition Appeal Court. Andrew has run matters relating to commercial property, insurance, insolvency, complicated commercial and contractual disputes, delictual claims, commercial arbitrations, PAJA reviews, construction arbitrations and labour related mediations and arbitrations.

Andrew has also been involved in a number of large commercial transactions and is as comfortable in the boardroom as he is in the Courtroom. Some of Andrew’s career highlights include:

• his involvement in a matter which yielded one of the authoritative judgments on the difference between insubordination and insolence in the workplace (Palluci Home Depot (Pty) Ltd v Herskowitz and Others (2015) 36 ILJ 1511 (LAC));

• his involvement in the first judgment in which Calderbank offers were considered in South African jurisprudence (D and Another v MEC for Health and Social Development, Western Cape Provincial Government 2017(5) SA 134 (WCC));

• his involvement in a matter, the judgment of which, is widely quoted as authority for what is required to be included in a deed of sale in order for same to comply with the Alienation of Land Act (Osborne and Another v West Dunes Properties 167 (Edms) Bpk and Others 2013 (6) SA 105 (WCC));

• the restructuring of a large software services company valued in excess of R100 million which included the creation of off-shore holding structures;

• complex arbitration against a Provincial Government Department for the recovery of in excess of R100 million rands worth of arrear service fees; and

• a successful challenge in the Western Cape High Court dealing with the interpretation of the reinstatement value conditions clause of an indemnity insurance policy.

Andrew’s methodical approach to any complicated legal question makes him an invaluable asset to his clients.