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Litigation
Court Procedure
Australia
Doogue + George Defence Lawyers
A pre-trial procedure to streamline criminal cases, an opportunity for resolution without a full contested hearing.
Carroll & O'Dea
Case summary – highlights responsibility of plaintiffs to prove the factual basis in slip and fall claims.
Astor Legal
Double jeopardy is a criminal law principle that prevents an individual from being tried again for the same offence.
Doogue + George Defence Lawyers
What happens during a further mention? Maximising results during the further mention stage. What next?
Carroll & O'Dea
To bring a claim in medical negligence, you must have actually suffered damage as a result of the negligence.
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.
British Virgin Islands
Carey Olsen
In its recent judgment, the BVI Commercial Court has provided clarification and guidance on Norwich Pharmacal applications against BVI registered agents.
Harneys
An injunction is a court order prohibiting a person from doing something (a prohibitory Injunction) or requiring a person to do something (a mandatory Injunction).
Harneys
We have created this guide to cover frequently asked questions on how the courts here in the British Virgin Islands operate.
Canada
Lenczner Slaght LLP
Each week, we'll be providing a short blog post that summarizes some of the upcoming cases and gives a prediction of the probability that leave will be granted.
Oyen Wiggs Green & Mutala LLP
An application for leave to appeal the decision in Apotex Inc. v. Janssen Inc., 2024 FCA 9 has been filed by Apotex in the Supreme Court of Canada (SCC).
Blake, Cassels & Graydon LLP
When a statute provides for a limited right of appeal from an administrative decision, is judicial review of the non-appealable aspects of the decision available only in rare or unusual cases?
McCarthy Tétrault LLP
Lien claimants, beware: the Ontario Superior Court of Justice ("ONSC") is clear – going after baseless claims and causing delays in proceedings comes at a substantial cost.
Gardiner Roberts LLP
"The risks of using ChatGPT and other similar tools for legal purposes was recently quantified in a January 2024 study: Matthew Dahl et. al, "Large Legal Fictions...
McCarthy Tétrault LLP
The government of British Columbia has announced its ambition to sue a wide range of companies—including social media operators, vaping product manufacturers, and makers...
McKercher LLP
Decision-makers are frequently tasked with assessing witness testimony and making findings on the reliability and credibility...
McCague Borlack LLP
Since the COVID-19 pandemic, virtual court hearings have become the norm, and in-person court attendances are harder to come by.
Cayman Islands
Appleby
Whilst there is a notable body of Cayman Islands jurisprudence addressing the approach to be taken to creditors' winding up petitions where the relevant debt is disputed...
Cyprus
Elias Neocleous & Co LLC
Starting January 1st, 2023, the Public Service Commission (Evaluation of Employees) Regulations 2022, as outlined in the Regulatory Administrative Act 28/2022...
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.
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