Krysta Gumbiner is a litigation partner at Dinsmore. She co-wrote this article for DRI's June issue of For The Defense. A surety may allow its bond principal to negotiate settlements with claimants after the surety has received a payment or performance bond claim ...
In the recent case of T v W, HCA 366/2020, the Plaintiff had commenced court proceedings against the Defendant for HK$5 million plus interest payable under a post-dated cheque drawn by the Defendant. The Defendant applied to stay the proceedings to arbitration, relying on the arbitration clause in the Loan Agreement that referred to the cheque ...
In Rushbond Plc v The JS Design Partnership LLP, England’s Technology and Construction Court held that the Defendant firm of architects was not liable for damage to the Claimant’s property caused by a fire started by intruders, when one of its architects left the door to the property open while inspecting it for a potential purchaser ...
In the recent case of Atkins China Ltd v China State Construction Engineering (Hong Kong) Ltd, HCMP 1193 2020, the Plaintiff sought in its Originating Summons (i) a declaratory judgment that, as a matter of construction, a settlement agreement entered into between the parties had settled all claims and counterclaims arising under a Design Agreement; and (ii) a final injunction restraining the Defendant from taking further steps in the arbitration proceedings commenced in the name of the
The Renters (Reform) Bill was given its first reading in May 2023 after five years of consultation and refinement. The Bill seeks to provide greater flexibility and security for residential tenants in England by imposing additional restrictions and obligations on private landlords. The reforms also look to improve the leasehold system through increased regulation, digitisation and standardisation. A noticeable omission from the Bill, however, is an exemption for private lettings to students ...
It is not uncommon to have a multi-tiered dispute resolution clause in construction and commercial contracts, setting out the agreed mechanism in the event that a dispute arises between the parties. For example, parties may be required under such clause to first attempt settlement by negotiating in good faith, before going on to mediation if the negotiation fails, and finally proceeding to arbitration if mediation also fails ...
Note on how the national courts will reason upon the requests for additional evidences in appeal when the Suspension of civil procedures due to COVID-19 crisis will cease and the activity in courts will be resumed. Good news from the High Court of Romania! Even though most of the civil cases are suspendedex officiothroughout the state of emergency instated by the Decree no. 195/16.03 ...
The President recently signed into law the Criminal Antitrust Anti-Retaliation Act (S. 2258) (116th Cong. (2020)), which amends the Antitrust Criminal Penalty Enhancement and Reform Act of 2004. It grants stronger protections to employees who come forward with claims of antitrust violations. Specifically, the law prohibits employers from discharge, demotion, or suspension, as well as any discrimination against any employee who assists in a government antitrust investigation ...
The Origin & Cause In 2010, a California jury returned a $671 million verdict in a class action alleging "violation of the rights of residents" under the California Health and Safety Code[1] arising from alleged understaffing at senior care facilities. Before the jury determined whether to award punitive damages, the Lavender, et. al. v.Skilled Healthcare Group, Inc.[2]lawsuit settled ...
The Origin & Cause In 2010, a California jury returned a $671 million verdict in a class action alleging "violation of the rights of residents" under the California Health and Safety Code[1] arising from alleged understaffing at senior care facilities. Before the jury determined whether to award punitive damages, the Lavender, et. al. v.Skilled Healthcare Group, Inc.[2]lawsuit settled ...
On June 21, 2022, the government adopted Resolution No. 702 , which regulates the procedure for receiving partial unemployment benefits. From now on , self-employed persons and employees who have lost part of their income can count on assistance from the state. However, it should be noted that it is not the employee, but the employer who should seek help ...
A lifelong right to live in a house owned by someone else is referred to as a right to habitation. Once this right is registered in the Deeds Office, it is enforceable against everyone, including the registered owner of the immovable property (“property”).This position was confirmed in the recent Supreme Court of Appeal case of Hendriks v Hendriks and Others (case no ...
A landmark judgment was handed down yesterday (1 February 2023) by the Supreme Court in Fearn and others (Appellants) v Board of Trustees of the Tate Gallery (Respondent) [2023] UKSC 4. In its judgment, the Supreme Court has allowed the appeal by the residents of Neo Bankside, meaning that the Tate is liable to them in nuisance. Background The case centred around glass-walled flats high above the South Bank in London ...
“... an adjudicator should think very carefully before ruling out a defence merely because there was no mention of it in the claiming party’s notice of adjudication. That is only common sense: it would be absurd if the claiming party could, through some devious bit of drafting, put beyond the scope of the adjudication the defending party’s otherwise legitimate defence to the claim ...
If you have ever wondered why property prices in Edinburgh are so high then it is worth considering the relationship between the property market and planning policy. Like most commodities, the prices we pay for properties are heavily influenced by supply and demand. The number of new houses that developers are allowed to build is set by councils using a complicated methodology ...
Most rental property owners (Owners) are subject to federal, state, and local anti-discrimination housing laws. When an Owner receives notice of a complaint alleging violations of these laws, it is important to take the complaint very seriously. There are significant business, financial, public relations, and personal risks involved with a fair-housing complaint ...
Throughout my career as a banker and as an attorney, as well as through experiences with friends and their families, I have noticed that there is no topic more taboo than talking to someone about their death and how they intend to distribute their accumulated assets during their lifetime. It is incredible that, for many, this topic is so difficult to face with an objective mind to leave their estate affairs in order, no matter how small it may be ...
The High Court has dismissed 28 divorce petitions after finding that the particulars of behaviour were ‘absolutely identical’ to each other. Every marriage is different, but in the recent case of Celine-Shelby v Yorston, the courts were confronted with 28 divorce applications from 28 different people, all seemingly based on the same reasons ...
Wednesday June 30 2021 is when the Stamp Duty ‘holiday’ in its current form at least will end. The Chancellor, Rishi Sunak, introduced the temporary Stamp Duty Land Tax (SDLT) in July 2020 to boost the housing market following the first national lockdown. The aim was to save buyers from paying stamp duty on any properties valued at up to £500,000 – a saving worth up to £15,000 ...
The law is one of the main instruments of social impact, which is particularly evident in the midst of aglobal health crisis, when the situation and applicable regulations are changing every day. New statutes and regulations are key to maintaining the delicate balance between order and chaos, public and private interests, and the common good and individual rights ...
Wills for Jersey residents What is a Will? Jersey law treats movable and immovable assets differently for succession purposes, therefore we need to consider them separately when looking at your estate planning needs. Movable assets include things such as bank accounts, jewellery, furniture, cars, life insurance proceeds and shares (including shares in a property holding company entitling the owner to occupy a share transfer apartment) ...
