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Litigation
Court Procedure
Australia
Astor Legal
A court order to protect a person from violence, harassment, intimidation or other threatening behaviour by another.
Criminal Defence Lawyers Australia
When children are sentenced for committing criminal offences, the court must give more emphasis to rehabilitation.
Cooper Grace Ward
A common business dispute scenario where misleading statements do not necessarily entitle a party to relief from a court.
Bahamas
ParrisWhittaker
Expert witness reports are crucial in substantiating a personal injury claim; must be disclosed within the appropriate time required by court rules – even if you don't like its contents.
ParrisWhittaker
The reasoned report of a medical expert is critical to the success of any personal injury claim.
ParrisWhittaker
The appointment of a Single Joint Expert to provide expert evidence to the court in civil proceedings is always intended to save time – and the all-important legal costs of the parties.
ParrisWhittaker
A Norwich Pharmacal Order against an ‘innocent' third party will only be granted if the court is satisfied it is for a ‘proper purpose', a court has ruled.
British Virgin Islands
Harneys
We have created this guide to cover frequently asked questions on how the courts here in the British Virgin Islands operate.
Harneys
In a recent decision of Wycliffe Baird v David Goldgar and another, the Court of Appeal of Saint Christopher and Nevis has confirmed the position that an appeal can be struck out or dismissed...
Harneys
By way of background to the appeal, the 1st to 6th respondents, in their capacity as minority shareholders, commenced derivative proceedings against the appellants.
Canada
Gardiner Roberts LLP
The Supreme Court of Canada has really stirred the pot this time. The issue is whether mandate letters should be subject to disclosure. Mandate letters are instructions or views...
Gardiner Roberts LLP
In Ontario, the Superior Court of Justice has broad discretion when it comes to awarding costs following a hearing.
Clark Wilson LLP
Lawyers will increasingly integrate artificial intelligence (or "AI") within their practice in the future.
DLA Piper
Bad procedure can preclude bad faith claims under the Crown Liability and Proceedings Act. In a recent decision, the Divisional Court in His Majesty the King in right of Ontario v. Dell clarified the proper procedure...
Alexander Holburn Beaudin + Lang LLP
The underlying action involves a construction dispute over alleged failures in a residential tower HVAC system. The action was commenced in August 2019 and the Notice of Civil Claim...
Cyprus
Phoebus, Christos Clerides & Associates LLC (Clerides Legal)
The relationship and difference between the duty for Full and Frank Disclosure and the Equitable Doctrine of "he who comes to equity must come with clean hands.
France
Bardehle Pagenberg
The power to extend a time limit should only be used with caution and only in justified exceptional cases (see UPC CFI 363/2023 LD Düsseldorf, order of 20 January 2024).
Germany
Bardehle Pagenberg
The decision has to take grounds of fairness and all relevant circumstances into account, Art. 49(5) UPCA. Decisive are the respective interests at stake.
Bardehle Pagenberg
A member of the public who requests access to the Register pursuant to R.262.1(b) RoP is a "Party" pursuant to R.8.1 RoP and, thus, must be represented before the UPC by an authorised representative (pursuant to Art. 48 UPCA)
Bardehle Pagenberg
The plaintiff filed a claim for damages subsequent to a German patent infringement case in which the defendant had been found to infringe the German part of EP 1 740 740 B1.
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