July 2021 / 16 posts found

Arbitrations And Receiverships: Do They Need To Be Legally Distant? – Litigation, Mediation & Ar…

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Canada: Arbitrations And Receiverships: Do They Need To Be Legally Distant? Case Study: Petrowest Corporation v. Peace River Hydro Partner 21 June 2021 McCague Borlack LLP To print this article, all you need is to be registered or login on Mondaq.com. A receiver can sue on a contract yet disclaim the contract’s arbitration clause, determined the BCCA in Petrowest Corporation v. Peace River Hydro Partners 2020 BCCA 339. The defendants applied for an order to stay an action brought against them by the receiver for Petrowest, pursuant to section 15 of the BC […]

Kissing After Divorce: Can You Handle It?

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Kissing after divorce can feel terrifying. The first kiss I ever had when I was newly separated was memorable. I was literally shaking because I could not believe I was about to kiss another man who wasn’t my husband. I still remember vividly how conflicted I felt. On one hand, I was ecstatic. I felt young again, like there was hope for me to find love again, and that life was going to be great. On the other, I felt so guilty, like I was doing something really wrong. I actually felt very excited and nauseous at the same time […]

Three in four domestic abuse cases end without charge in England and Wales

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Three in four domestic abuse offences reported to the police are closed without a perpetrator being charged, a watchdog has said, amid fears the figures have worsened during the pandemic. Her Majesty’s Inspectorate of Constabulary and Fire and Rescue Services (HMICFRS) said forces were increasingly using two types of “outcome” to close domestic abuse cases: the first being the absence of support from the victim and the second being a lack of evidence despite having the victim’s backing to prosecute. Zoë Billingham, the inspector of constabulary, said she was shocked that the figures, which covered the year to March 2020, […]

Avoiding courts and risks of corporate litigations – NewsDay

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By Emmanuel Zvada LAWSUITS are unavoidable when you are running a successful business. Ask any business executive and they will tell you that there are appropriate situations where litigation is necessary. Properly managing disputes in corporates is an excellent way to avoid the risk of litigation. In every business, there are transactions that have their set of conditions that parties involved must conform to. Failure to comply may result in horrendous costs due to lawsuits. Litigation can have a devastating effect on productivity and profitability, hence it should be avoided at all costs. Business litigation can be a huge problem […]

UAE to have 80% of litigation take place remotely by end of the year, Sheikh Mohammed says – The Nat…

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The UAE aims to have more than 80 per cent of litigation to take place remotely by the end of the year, Sheikh Mohammed bin Rashid, Vice President and Ruler of Dubai, said on Sunday. It follows the widespread adoption of remote work practices by the government and the private sector since the Covid-19 pandemic began. Our goal is to be the fastest, best and fairest in judicial services Sheikh Mohammed bin Rashid Sheikh Mohammed said the goal was to make the country’s judicial system the best in the world. “The UAE has succeeded in adopting remote litigation systems during […]

Litigation Minute: What to Do When Your Company Is Threatened with a Consumer Class Action

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WHAT YOU NEED TO KNOW IN A MINUTE OR LESS You are in-house counsel for a consumer-facing company, and you have just been handed a letter from a plaintiff’s firm you’ve never heard of, threatening to file a class action over labeling, advertising, a company policy, or an alleged defect in your consumer product. What do you do? Know you are potentially at risk Any consumer-facing company is a potential target for a consumer class action, this includes manufacturers, suppliers, and potentially others within the chain of distribution. In recent years, consumer class actions have run the gamut from claims […]

Can this US healthcare litigation company really be worth $33bn?

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When John Ruiz invested in an apartment at the luxury waterfront Ritz-Carlton Residences in Miami Beach earlier this year, he encountered the man who would later help to make him a billionaire multiple times over — at least on paper.  The apartment’s co-investor was Ophir Sternberg, a wealthy property developer and founder of Lionheart Capital, who together with the hedge fund Elliott Management had transformed the former heart hospital into a collection of luxurious residences. Villas at the property, designed by the Italian architect Piero Lissoni, enjoy a private marina and sell for as much as $40m each. It would […]

Russian billionaire settles with ex-wife five years after £450m payout ruling

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After almost five years of fighting a high court ruling that awarded the UK’s largest ever divorce payout, a Russian billionaire has reached a settlement with his ex-wife. Farkhad Akhmedov and Tatiana Akhmedova have been embroiled in the most expensive family feud in history since a London high court judge awarded Akhmedova a £450m divorce payout in 2017. Akhmedov, who’s name appeared on the US’s “Putin list” in 2018 of officials and oligarchs close to the Kremlin, did not pay the 41.5% share of the couple’s £1bn-plus marital assets, calling the ruling “wrong and misguided”. Akhmedova took legal action in […]

Litigation trends in the post-Covid world

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IN March last year, the pandemic brought a halt to all but the most urgent legal proceedings in the Northern Irish courts. Courts had to close and our legal system went into a period of hibernation as Covid cases spiralled out of control. In a spirit of corporate goodwill and with government guidance advising businesses to avoid litigation as the pandemic raged, organisations and parties opted to negotiate rather than litigate. The Northern Ireland Courts and Tribunals Service, the judiciary, and legal practitioners all made sterling efforts to keep the wheels of justice turning during the difficult months of 2020. […]

12 Truths and Myths about Mediation

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Mediation is a word people usually are not familiar with unless they are going through a divorce. Even when you hear the word mediation, it can sound confusing, complicated and even scary—especially if you hear myths about mediation that are simply just false. The truth is, mediation is the exact opposite of confusing, complicated and scary. With the right mediator and an open mind, mediation can end up being an experience that leaves you feeling empowered, calm, and confident for a wonderful post-divorce future. To learn more about mediation and to determine if it’s right for you and your soon-to-be […]