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2 Jun 2024, 9:01 pm by renholding
That’s because, as you know, all of this is highly fact dependent and there’ll always be situations where some charges and remedies are necessary no matter the level of cooperation. [read post]
AUSTRAC also published two articles illustrating how suspicious matter reports (SMRs) are used to assist law enforcement to detect and disrupt the abuse of Australia’s financial system. 1             ASIC’s new website takedown capability knocks out over 2,500 investment scam and phishing websites On 2 November 2023, ASIC outlined details of a new investment scam takedown capability that initiates takedowns of… [read post]
7 Jan 2024, 4:47 pm by CoL .net
Compared with “the recognition and enforcement of judgments in civil and commercial matters pursuant to choice of court agreements made between the parties concerned” (the first agreement reached between the two places on mutual recognition and enforcement of judgments in civil and commercial matters, hereinafter referred to as ‘Mainland-Hong Kong Mainland-Hong Kong Choice of Court Arrangement’)”, REJ Arrangement has significantly increased the types… [read post]
12 Sep 2023, 2:18 am by Donald Dinnie
Electronic connectivity, the nature of data storage, and easy internal accessibility and sharing of information within an insurer are likely to result in a similar outcome, as a matter of general principle, under South African law. [read post]
14 Aug 2023, 2:34 pm by Giles Peaker
Tendering of a cheque can amount to (conditional) payment, if the cheque is honoured (Felix Hadley & Co v Hadley (1898) 2 Ch 681 ), and if so, counts as payment at the date the cheque is tendered (Homes v Smith (2000) Lloyds LR 139 ). [read post]
11 Jun 2023, 10:59 pm by Michael Douglas
 (2023) 97 ALJR 276; [2023] HCA 11, [43]–[46]; Schibsby v Westenholz (1870) LR 6 QB 155, 159. [read post]
11 Apr 2023, 6:24 pm by David Kopel
[Bullet speed matters, but so does bullet weight] According to "assault weapon" ban proponents, the AR rifle's lethality is all about how fast its bullets travel. [read post]
20 Mar 2023, 5:27 am by Andrew Lavoott Bluestone
On a motion brought under CPLR §3211 (a)(l) dismissal is warranted when documentary evidence submitted conclusively establishes a defense to the asserted claims as a matter of law. [read post]
27 Feb 2023, 11:37 am by David Kopel
[About the same as other rifles] Several federal and state courts are relitigating the constitutionality of "assault weapon" bans after the Supreme Court's decision in New York State Rifle & Pistol Association v. [read post]
29 Jan 2023, 10:15 pm by GWS Law
What the argument amounted to was no more than an invitation to this court to consider the matter afresh. [read post]
Meanwhile, on the ballot for November 8 is a referendum on LR-131, also known as the Born Alive Infant Protection Act. [read post]
25 Aug 2022, 1:35 pm by admin
According to Gelbach, the inflation of the significance level ten-fold to p < 0.5 is merely a matter of “weight” and not admissibility of any challenged opinion testimony. [read post]
21 Jul 2022, 8:20 am by Brian Cordery (Bristows)
The law in this regard was summarised by Arnold J in Jarden Consumer Solutions (Europe) Ltd v SEB SA [2014] EWHC 445 (Pat) at [103]: “[103] As Kitchin LJ and Sir Robin Jacob said in their joint judgment in Gedeon  Richter plc v Bayer Pharma AG[2012] EWCA Civ 235, [2013] Bus LR D17 at [61], ‘it is trite law that… the older (from the priority date of a patent under attack) a piece of prior art said to render a patent obvious, the harder it is to show… [read post]
4 May 2022, 2:01 am by CMS
However, a dispute arose as to whether fixed costs were payable under CPR 45 or whether this was a matter to which standard costs applied. [read post]
25 Feb 2022, 1:30 am by Paul Cartwright
This matter confirmed the well-established legal principle of the reasonable person set out in Kruger v Coetzee [1966 (2) SA 428 (A) at 430E-H], more specifically to medical negligence matters, the standard of the reasonable doctor in the position of the defendant or their employees, acting in the course and scope of their employment. [read post]
10 Jan 2022, 10:52 pm by Sophia Tang
By contrast, courts in California and Canada have found a contractual jurisdiction and applicable law clause invalid as a matter of public policy in order to allow a class action privacy claim to proceed against Facebook.[6] In England, the dual challenge of jurisdiction and collective actions in a mass privacy infringement claim has presented itself before the English Courts, first in Vidal-Hall v Google before the Court of Appeal in 2015[7] and in the Supreme Court judgment of Google v… [read post]
9 Dec 2021, 12:00 am by Jordan Bierkos
In the 2021 case of Young EnergyServe Inc v LR Ltd,[11]LR Processing Partnership,Young EnergyServe Inc v LR Ltd, LR Processing Partnership, 2021 ABQB 101 (“Young EnergyServe”). [read post]