Rolf Martin Lang LLP的动态

Thanks to the Solomonic platform, we picked up that a settlement has been reached in the Commission Recovery v Marks & Clerk case - which I expect is good news for the parties, but not such great news when it comes to clarity on key questions of funding and damages in the context of representative actions under CPR 19.8. We discuss this development in the latest post on our Litigation Notes blog, with Alan Watts, Chris Bushell, Julian Copeman, Gregg Rowan and Rachel Lidgate. #hsfdisputes #disputeresolution

?? From ICLG News. Following this landmark Supreme Court decision, solicitors may well look again at how they structure conditional fee agreements...

Saul Ewing LLP’s Trusts & Estates attorneys are pleased to launch Legacy Matters, a new blog series designed to keep you updated on regulations and trends in trusts and estates planning. Read the first four articles in the series here ? https://lnkd.in/e_B2vCYj #LegacyMatters #Estates #Trusts

Earlier today, the NSW Supreme Court (McGrath J) delivered a judgment in the long running Laith & Fadi class action: Laith & Fadi Investments Pty Ltd v Fogo Brazilia Holdings Pty Ltd [2024] NSWSC 1508. The decision concerned interlocutory applications filed by each of the first and second defendants, third defendant, and fourth defendant, seeking further security for their costs following termination of the lead plaintiffs’ funding agreement by their litigation funder. The lead plaintiffs (an impecunious corporation and an individual) contended that, if security was ordered, their claims were likely to be stultified. The Court accepted that the lead plaintiffs were unable to meet an adverse costs order and that the lead plaintiffs were not only suing for their own benefit but also for the benefit of group members, having regard to the scope of the pleadings and the evidence filed by the lead plaintiffs in the main proceedings. In considering the lead plaintiffs’ evidence on the financial positions of those who will benefit from the litigation if it is successful, the Court held that the lead plaintiffs failed to discharge their onus of proof. The Court ordered the lead plaintiffs to pay $1.3 million in security for the first and second defendants’ costs in three tranches, with the first tranche of $520,000 being payable within 14 days. If the lead plaintiffs fail to pay this security, the proceedings will be stayed as against the first and second defendants until such time as the payment is made. The judgment is significant as it adds to a growing body of law on the principles applicable to applications for security for costs in a class action context. Alexander Vial appeared unled for the successful first and second defendants. A copy of the judgment is available here: https://lnkd.in/geHQJA4Q For those interested, a link to the Laith & Fadi Class Action webpage is here: https://lnkd.in/gaf2zVFa #classactions #representativeproceedings #competitionandconsumerlaw #5wentworth

Everyone can have justice, just like everyone can have a Rolls Royce - this is long-standing graffiti realism. Justice - a nebulous term implying that a person or group gets what’s right and proper in the circumstances - is very, very expensive. Good lawyers (and some bad ones) are charging ￡400, ￡500 and more per hour. KCs will be thousands of pounds per day for prep and court time. Litigation funding is probably the only route, unless there’s insurance, that can be taken. Indeed, LF is like insurance, but coming at a different time in the process. If we want a functional justice system, we need a functioning finance system to support it.

CTA BOIR UPDATE: As suspected, there has been push-back against the Texas District Court’s injunction staying the requirement for companies to file their Beneficial Ownership Information Report (“BOIR”).?As of today, the injunction is still in place, therefore relieving you of the obligation to file a BOIR.?However, that could change, and it could change just days before the January 1, 2025, filing deadline.?We are expecting a ruling by the 5th Circuit Court of Appeals sometime between now and December 27 which will let us know if requirement to file the BOIR is back in place or not.?Because we could learn of this decision merely days before the deadline, it is recommended that companies be prepared to file their BOIRs. Let me know if you need help preparing for this or have any questions. We will post updates on our website: FennellLaw.com

Walkers Global's recent article discusses Justice Kawaley's judgments on Cayman Islands STAR trusts, focusing on enforcers' role. The first judgment granted Beddoe relief on a Deed of Addition, while the second clarified the necessity of adversarial arguments in rectification proceedings. The judgments emphasize enforcers' critical role and procedural nuances specific to the Cayman Islands legal system.

"We value the power of negotiation, yet firmly believe in decisive action when needed." Words that will get any litigators blood pumping. Settling is often the right approach to concluding a claim, but it's important to know when it's time to hit back. MANOLETE PARTNERS Plc have learned this lesson well over our trading history by investing in 1351 cases and concluding 933 cases. We have recovered ￡136.5m and returned ￡61.2m to insolvent estates. In 2023, we were the 3rd most prolific claimant in the High Court (excluding Insolvency claims!). In H1 2024 this status has held up as well. We are third only to the Performing Right Society (PRS) and Phonographic Performance who are concerned with pursuit of businesses for abusing copyrighted music. That's more than just a stat. That's a testament to taking a decisive stance and going for it to drive value back into insolvent estates. It is about taking risk when it is appropriate to do so in collaboration with our fantastic Insolvency Practitioners and Insolvency Lawyers who work with us. Credit to Solomonic for the 2024 Half Year Review which is available to download: https://lnkd.in/gq8ZXQqT

In a recent High Court ruling, the Grierson v Grierson case shed light on the complexities and challenges that can arise from conflicting wills. This family dispute centred around two wills: one from 2020 and another from 2022, and allegations that the defendant, Robert Grierson, had forged the 2022 will. The court ultimately declared the 2022 will invalid on account of it having been improperly executed, and lack of testamentary capacity. leaving the estate to be distributed according to the terms of the 2020 will under the appointment of an independent administrator. A short time afterwards, the court determined the issue of costs, taking into account the fact that the defendant had failed to engage in the mediation process, and rejected a Part 36 settlement offer, leading to an order to cover the claimant’s legal costs, including an assessment on the indemnity basis. As well as being a sad tale of family discord, this case demonstrates the importance of mediation and of taking seriously any offer to settle, including non-monetary offers. #EstateLaw #WillDispute #FamilyLaw #ContentiousProbate #ContestedWill ?#LegalCosts #Mediation https://lnkd.in/eQmPrv_3

The new leading decision procedure at Germany’s Federal Court of Justice is about to come into force shortly. It aims to improve the handling of mass claims proceedings. In the future, the FCJ will be able to select a suitable appeal procedure and decide on it even if the parties have terminated the proceedings. But is this likely to relief the courts of their high number of mass claims cases and what impact will the new procedure have on lower court proceedings? Our new blog post provides answers to these questions and a detailed explanation of the leading decision procedure. Freshfields Martina de Lind van Wijngaarden Elisabeth Weber Dr. Michael Rohls Moritz Becker Roman Mallmann Patrick Schroeder Martin Mekat Kristina Maria Weiler (née Henke) Dr. Katharina Shingler Camillo von Haugwitz Carolin Lukasewitz https://lnkd.in/e6QSUwHF