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June 2017 / 44 posts found

Coping with the cost of divorce and how equity release can help the financial burden of splitting up

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WHEN a marriage breaks down, it’s not only your heart that suffers but also your wallet. Divorce and separation are painful – and expensive – for both parties. These days, more and more couples are using property wealth to ease the financial struggles of a break-up. This allows so-called “silver splitters” to stay in their homes and fund new properties, according to leading over-55s financial specialists Key Retirement. They say nearly one in 10 customers is now divorced or separated, with couples going through break-ups releasing up to 13 per cent more than the average amount released by couples who [...]

Cuban cigar exiles brace for US re-opening and potential war of litigation

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by Jonathan Levin Manuel Quesada puffs on one of his creations – a funky-looking thing called a Q D'etat – as he tells a story about the Cubans getting under his skin. It was at a dinner last year in Germany, when Cigar Journal honoured him with a lifetime achievement award. Everyone rose for a standing ovation except the people at the Cubatabaco table, the representatives of the Cuban state-run monopoly. To be fair, the presenter had just recounted how the Quesada family had to flee the island in 1960, their business having been seized by gun-toting forces loyal to [...]

UK High Court rules that litigation privilege does not apply to documents produced in an internal in…

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On May 9 2017, the High Court ruled in favour of the Serious Fraud Office (“SFO”), finding that certain categories of documents produced by Eurasian Natural Resources Corporation Ltd (“ENRC”) during an internal investigation were not covered by litigation privilege (SFO v ENRC [2017] WLR(D) 317). The Judge’s reasoning was that a criminal investigation does not necessarily mean that a prosecution is reasonably in contemplation and she did not consider that a criminal investigation was sufficiently adversarial for litigation privilege to apply. This decision therefore casts doubt over the ability to rely on litigation privilege, even after a criminal investigation [...]

Law Ministry Deliberates Ways To Reduce Government Litigation Accounting For 46% Of Pending Cases – …

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In a meeting held on Monday, the Law Ministry’s Department of Justice discussed ways by which pendency of cases can be reduced. The deliberations revealed that the Centre and the States were responsible for over 46% of the 3 crore plus cases pending before the Courts across the country. This was revealed through statistics provided by the Legal Information Management and Briefing System (LIMBS). The participants further noted that while all States have formulated State Litigation Policies, a National Litigation Policy is still underway. This Policy will be aimed at providing mechanisms to ensure reduction in Government litigation, and will [...]

Retailers Selling Goods Through the Internet Face ‘Digital Access Barrier’ Litigation Under the ADA

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Plaintiff class-action lawyers in Massachusetts have filed recent lawsuits in federal court under Title III of the Americans with Disabilities Act (ADA Title III) against retailers who sell goods through their websites. Out of state lawyers have also filed lawsuits against Massachusetts businesses on the same basis. The majority of these lawsuits do not attempt to certify a class action, but do seek to alter retailers’ practices, recover attorneys’ fees and costs, and potentially influence the Department of Justice to seek class-wide like relief against offending retailers. These lawsuits allege that retailers’ websites do not comply with ADA Title III [...]

Lawyers warn Saudi Aramco of New York IPO litigation risks

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Saudi Arabia is nearing a long-awaited decision on the main international stock exchange for the initial public offering of its state energy company, with lawyers advising the kingdom that a New York listing poses the greatest litigation risk of any jurisdiction. White & Case, Saudi Aramco’s legal firm on the float, and others offering informal counsel have in recent weeks briefed top oil executives and the kingdom’s highest authorities, emphasising the US’s litigious culture, four people familiar with the matter have said. The advice comes as a trade body representing the UK’s largest asset managers with £5.7tn in assets warned [...]

Ongoing litigation will affect farmers – AG Week

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The direct effect of this California initiative is to regulate the energy industry in the United States. California — and Jones — would call for insurance companies to divest investments in the coal industry, because these investments in thermal coal are purportedly at risk of becoming stranded assets. In other words, "disclose your fossil fuel investments because they may be financially unsound." This overreach by California reeks of hypocrisy, because the initiative doesn't address other possibly unsound investments, including but not limited to solar energy and other green energy investments. Why should farmers care about this? Because if California can [...]

Lord Chancellor urged to reform family law – Solicitors Journal

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Resolution has written to the new Lord Chancellor urging him to reform several aspects of family law to improve the lives of families and put the needs of children first, Solicitors Journal has learned. In a letter sent to David Lidington MP, the family law practitioners group, asked the new justice secretary to act on four key policies: no-fault divorce, cohabitation rights, fair access to the justice system, and greater financial clarity on divorce. A similar letter was also sent to Dominic Raab MP whose ministerial brief covers family justice matters. ‘We believe that by introducing these changes, you would [...]

Dad Jon Platt LOSES landmark court case after he took his daughter on term-time holiday – Mirror.co….

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A dad who fought a £170,000 legal battle after taking his daughter on a term-time holiday was convicted over the unauthorised trip today. Jon Platt was hauled to court in 2015 when he refused to pay a £60 fine for going on the family holiday to Disney World. Magistrates initially angered council chiefs on the Isle of Wight by saying the 46-year-old had no case to answer. The decision was upheld by the High Court - sending shockwaves through the UK education system. But in April the Isle of Wight council successfully urged the Supreme Court to overturn the ruling. [...]

People with dementia and learning difficulties detained in care without checks due to “failing” law …

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Thousands of vulnerable people with dementia and learning disabilities are being detained in hospitals and care homes without the appropriate checks, due to a law unfit for purpose according to the Law Commission. Often those who lack the mental capacity to consent – like certain people with dementia or learning disabilities – need to be detained in a place like a hospital or care home when it is in their best interests. For example, a dementia patient may be kept in their care home to prevent them from wandering off, which could put them in danger.  This is known as [...]