Presentation to kon gres 2015
|
|
- Gladys Davidson
- 6 years ago
- Views:
Transcription
1 What about the costs? The impact of litigation costs on mediation Presentation to kon gres 2015 Peter Franks, Andrew Horne, Karen Radich
2 Why do costs matter in mediation? Session outline The perspective of a mediator, an employment lawyer and a litigator Employment cases The process of employment cases and some case law points Costs study of awards made by the Employment Relations Authority Number crunching and points to note Civil cases Scale costs and the range of typical costs in civil cases Costs considerations on the dynamics of mediation
3 Why do costs matter in mediation? In employment cases: It is expensive to proceed beyond mediation Median costs awards in the Authority are less than half the actual costs for both employees (40%) and employers (29%) This is a big incentive to settle In civil cases: Litigation is expensive costs affect the net value of a claim Costs increase disproportionately as a case progresses to trial Successful party normally gets only a fraction of actual costs Costs are therefore a key consideration
4 Costs in employment cases Karen Radich Barrister, Clifton Chambers
5 Mediation The process of employment cases Under the Employment Relations Act, mediation is the main form of dispute resolution Employment Relations Authority If parties don t settle in mediation, they can ask the Employment Relations Authority to investigate and determine the matter In most cases, the Authority s process involves: The parties file briefs of evidence and relevant documents An investigation meeting is held, including submissions Employment Court Either party can appeal to the Employment Court. These are usually de novo, which means the whole case is heard again. Appeals on leave to Court of Appeal and Supreme Court points of law
6 Costs incurred in employment cases Mediation is provided without cost by MBIE the parties meet any costs of their own representation. Employment Relations Authority / Employment Court filing fees hearing fees representation costs witness expenses and service fees travel costs stationery and photocopying (itemised)
7 Costs awards in the Authority the principles Statutory power: The Authority or Court may order any party to a matter to pay to any other party such costs and expenses as thinks reasonable Leading case law: A Full Bench of the Employment Court in PBO Ltd v Da Cruz: Costs are discretionary whether awarded and what amount Even so, costs will generally follow the event Costs are to be considered on a case by case basis Awards will be modest Frequently judged against a notional daily rate Costs are not to be a punishment for the unsuccessful party Without prejudice offers are taken into account
8 Costs in the Authority daily tariff The daily tariff: The Authority has a tariff-based approach to awarding costs to successful parties The current tariff is $3,500 per day (for a full day) Adjusted up or down in a principled way However: The tariff falls well short of costs that are usually incurred in even the most straightforward Authority cases
9 Reality vs the daily tariff $3,500 per day is hours of a lawyer s time Preparation involves a number of briefs of evidence, bundle of docs, agreed statement of facts, research and drafting legal submissions The preparation is very important, as the Authority is now required to indicate the outcome at the end of the investigation meeting There can also be discovery issues, delays, witness summonses, missing witnesses, information dumping, OIA/Privacy requests Investigation meetings are usually 6-7 hours/day Tariff has a built-in component for submissions being filed after the investigation meeting (Employment Court Big Kahuna) even though that can take another day of time Costs usually more for the employer One reason burden of proof usually on employer to justify its action or decision to dismiss
10 Recent case law on costs (1) Mattingly v Strata Title Management Ltd (Employment Court, 2014) Legislation intended employment disputes to be resolved in a costeffective, non-technical and practical way Nothing wrong with the tariff-based approach provided it is not applied in a rigid manner without regard to the particular characteristics of the case There are evident purposes and benefits of a daily tariff approach: Simplicity and predictability Flexibility can be injected into the costs assessment process by making upward or downward adjustments
11 Recent case law on costs (2) Booth v Big Kahuna Holdings (Employment Court, 2015) Awards in the Authority will be modest Frequently assessed against a notional daily rate Conduct that increases costs can be taken into account The Authority is designed to be investigative, non-technical, low-level, readily accessible, so: Legal costs should be modest Imposing a substantial costs burden gives rise to access to justice issues, particularly for employees In the Employment Court: starting points is two-thirds of actual and reasonable costs Sometimes refer to the High Court scale as comparison point Chief Judge is consulting on a costs scale for the Employment Court
12 The impact of offers to settle Colloquially known as Calderbank offers In the Authority, without prejudice save as to costs offers can be taken into account in determining whether to increase or decrease daily tariff In the Employment Court, a steely approach is adopted in assessing costs awards where such an offer has been made (endorsed by the Court of Appeal) Why? Because where an offer is unreasonably rejected, costs are then wasted going to trial In Mattingly v Strata Title Management, award of costs made to employee was increased because she won her case and was awarded more in remedies that she had offered to settle for beforehand Conditions of offer should be remedies the employment institutions can actually grant though not terms such as replace dismissal with resignation
13 Indemnity costs Often a threat in mediation that there will be indemnity costs Unlikely to actually occur in employment cases Booth v Big Kahuna Holdings (Employment Court, 2015) Indemnity costs may be justified in relative rare cases where a party s conduct is particularly egregious Bradbury v Westpac Banking Corp (Court of Appeal, 2009) Indemnity costs are exceptional and require exceptionally bad behaviour Types of cases where indemnity or increased costs awarded: serious and unfounded allegations of fraud levelled at opposing counsel, where Judge or opposing party has warned party of consequences of continuing with frivolous or unfounded proceedings
14 The study of Authority costs awards Peter Franks MBIE mediator
15 Purpose: The study of Authority costs awards to find out more about the actual gap between the cost of litigation in the Authority and costs awards made Process: 531 costs decisions of the Authority were analysed decisions from the four years between 2011 and 2014 Exclusions: Analysis excludes costs decisions which did not report the actual level of costs of the successful party or where the only award was the filing fee
16 Analysis of Authority s approach to costs % of cases Costs awards 56% Daily tariff 15% Increased daily tariff 14% Calderbank offer increased tariff 6% Nothing awarded 5% Full costs awarded. Usually where costs were modest and close to the daily tariff 5% Reduced daily tariff (e.g. where unsuccessful party unable to pay).
17 Costs awards compared with actual costs The study compared the Authority s costs awards with the actual costs of the successful party Because of the wide range of numbers, it looked at medians (the midpoint of the range) Employees were successful in just over half the costs awards analysed (so the other half of cases were successful employers seeking costs) Taking a case to the Authority can be expensive: 28 per cent of employers actual costs were over $20, per cent of employees actual costs were over $20,000
18 Median costs awards Employees costs: The median costs awards made to employees was $3, Median actual costs for employees was $8, Employees were therefore awarded 40 per cent of their actual costs Employers costs: The median costs awards made to employers was $3,000 Median actual costs for employers was $11,500 Employers were therefore awarded 29 per cent of their actual costs
19 Where employees win but are out of pocket In some cases employees win at the Authority but end up out of pocket because their actual costs swallow up the amount they are awarded for wages and/or compensation and for costs. Money award Costs award Actual costs Net outcome $7, $2, $12, $3, $15, $6, $26, $5, $12, $7, $26, $6, $8, $3, $19, $6, $9, $15, $33, $9, $18, $7, $34, $9, $3, $5, $20, $11, $2, $3, $27, $21, $3, $ $26, $22, $10, $11, $47, $25,244.00
20 What these figures mean in practice The actual costs of taking a case to the Authority are higher than the daily tariff From a mediation point of view: this provides a strong incentive to settle in mediation From an access to justice point view: the costs of taking a case vs the likely financial outcome are prohibitive for many claimants This is particularly the case where the outcome is challenged in the Employment Court at which point costs escalate significantly Observations of an employment mediator
21 Civil cases how costs affect mediation Andrew Horne Partner, Minter Ellison Rudd Watts
22 Costs and mediation in civil cases Why mediate? Everyone loses in litigation - because of costs Expense of litigation is a key driver to mediate Costs are uncertain and can blow out Legal costs are only part of the story - hidden business costs too Winner s recovery of costs is limited What this all means: Costs make it easier to settle civil cases if you get in early
23 Typical total costs in High Court civil cases Contract claim, $1m, 4 witnesses, 3 day trial Tort claim, $5m, 6 witnesses, 2 experts, 2 weeks FMA civil claim, $20-$50m, complex Very high value class action type claim, multi-party $400k $1m $5m $10m+
24 Scale costs in High Court civil cases How the scale works Reasonable time allocations for specified work Categories of complexity (1 to 3) and applicable daily rates Work (e.g.) A (days) B C Claim Discovery Briefs Complexity category Daily rate 1 $1,480 2 $2,230 3 $3,300
25 Costs in civil mediations Worked examples Simple contract claim, 4 witnesses, 3 day trial Actual costs approx $200k per party Scale costs (2B) approx 23 days x $2,230 = $51k Disbursements say $10k Total recovery: $61k Complex tort claim, 6 witnesses, 2 experts, 2 week trial Actual costs approx $500k per party Scale costs (3B) approx 33 days x $3,300 = $109k Actual experts costs and disbursements say $50k Total recovery: $159k Scale entitlement is normally only a fraction of actual costs
26 Costs in civil mediations Practical consequences Best and worst outcomes: Contract claim for $1m, costs $400k per party, costs recovery $61k Plaintiff best outcome: $1m + $400k + $61k costs = $661k Plaintiff worst outcome: $0 + $400k - $61k costs = $(461k) Defendant best outcome: $0 - $400k + $61k costs = $(339k) Defendant worst outcome: $-1m - $400k - $61k costs = $(1.461m) Plaintiff and defendant between them will inevitably lose $800k in legal costs nearly the value of the claim Capturing that value will help to settle provided it has not already been spent on lawyers
27 Costs in civil mediations Practical consequences Without costs considerations: Contract claim for $1m Assume merits are 50/50 Plaintiff upside 50% chance to win $1m = value $500k Plaintiff downside 50% risk of losing = value $0 = net overall value of the claim = $500k Defendant upside: 50% chance of successful defence = value $0 Defendant downside: 50% chance of losing $(1m) = $(500k) = net overall value (i.e. risk) of the claim = $(500k) So it makes sense: for the plaintiff to accept any amount over $500k for the defendant to pay any amount up to $500k - but there is no cross-over they must agree on the merits
28 Costs in civil mediations Practical consequences Add in costs considerations: Contract claim for $1m, costs $400k per party, costs recovery $61k Assume merits are 50/50 Plaintiff upside 50% chance to win $661k = value $330k Plaintiff downside 50% risk of losing $(461k) = value $(230k) = net overall value of the claim = $100k Defendant upside: 50% chance of losing $(339k) = value $(169k) Defendant downside: 50% chance of losing $(1.461m) = $(730k) = net overall value (i.e. risk) of the claim = $(449k) Now it makes sense: for the plaintiff - to settle for $100k or more For the defendant to pay up to $449k - there is a $349k cross-over in which settlement makes sense
29 Returning to the opening question: Why do costs matter in mediation? In civil cases: Costs are often a significant proportion of the value of a claim Only a fraction of costs is recoverable by the winner Costs considerations can therefore make it easier to settle by widening the band in which settlement makes sense for both parties irrespective of the merits
30 Returning to the opening question: Why do costs matter in mediation? In employment cases: Costs incurred before and during mediation are not recoverable so parties can come to mediation having already incurred substantial costs It is expensive to proceed beyond mediation The substance of many cases can be in a grey area of fairness and reasonableness Median costs awards in the Authority are less than half the actual costs for both employees (40%) and employers (29%) Employees can be left out of pocket Another visible effect 50% of parties in the Employment Court are self-represented (anecdotally)
31 Questions
Potential Construction Defect Claim Site: 100 Eton Road, Lindfield "Dunstan Grove"
3 April 2017 Partner: David Andrews Direct Line: 9233 9023 Direct Facsimile: 9233 9123 Email: dandrews@makdap.com.au Our Ref: DA: BEL: 170658 BY EMAIL: raymond.reg@stratplus.com.au The Secretary The Owners
More informationIN THE EMPLOYMENT COURT AUCKLAND [2018] NZEmpC 33 ARC 98/13 ARC 22/14. LSG SKY CHEFS NEW ZEALAND LIMITED First Defendant
IN THE EMPLOYMENT COURT AUCKLAND IN THE MATTER OF AND IN THE MATTER BETWEEN AND AND AND [2018] NZEmpC 33 ARC 98/13 ARC 22/14 challenges to determinations of the Employment Relations Authority of an application
More informationA new wave of dispute resolution
Escalate A new wave of dispute resolution www.pkf-littlejohn.com Escalate A smarter way to resolve commercial disputes Our difference At PKF Littlejohn, it s all about you. When you come to us for advice,
More informationNORTHERN IRELAND COURT SERVICE COUNTY COURT RULES COMMITTEE REVIEW OF COUNTY COURT SCALE COSTS
NORTHERN IRELAND COURT SERVICE COUNTY COURT RULES COMMITTEE REVIEW OF COUNTY COURT SCALE COSTS A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS NOVEMBER 2001 Any enquiries in respect of this response
More informationBlake Morgan. Employment Tribunal Fees Guide. For Individuals
Blake Morgan Employment Tribunal Fees Guide For Individuals For members of the public: Blake Morgan is a large, nationally recognised law firm with Top Tier legal directory rankings for its Employment
More informationTABLE OF CONTENTS. 1 Introduction 2 Choosing small claims 4 Going to court 6 Litigation funding 7 Your privacy 8 Further resources
SMALL CLAIMS GUIDE Disclaimer: this Guide is meant to be legal information and not legal advice. Users should not rely on this information but should rather seek independent legal advice regarding their
More informationThis guide applies only to England & Wales. There are different procedures in Scotland and Northern Ireland.
debt recovery small debt Someone owes you money. You have given them time to pay, and chased them repeatedly. They have not paid. It s too much for you to write it off as a bad debt. You feel you have
More informationInformation about our service for bringing and defending claims in the employment tribunal
T 01235 861919 E jkelly@employmentlawplus.com W www.employmentlawplus.com Stepstone House Old Moor Milton, Abingdon Oxon OX14 4ED Information about our service for bringing and defending claims in the
More informationLikely cost of using our services in unfair and wrongful dismissal claims in the employment tribunals.
Likely cost of using our services in unfair and wrongful dismissal claims in the employment tribunals. Essential Employment Law Services Ltd is regulated by the Solicitors Regulation Authority (SRA). Under
More informationCosts Information 1 Bringing or defending claims for unfair or wrongful dismissal in the Employment Tribunal
Costs Information 1 Bringing or defending claims for unfair or wrongful dismissal in the Employment Tribunal We wish to be as clear as reasonably possible regarding the range in potential costs that you
More informationIndex. 1. Introduction Who will work on your case? Our fees 3
Costs information for employees and employers bringing and defending claims for unfair or wrongful dismissal specified in the SRA Transparency Rules - 6 December 2018 Index 1. Introduction 3 2. Who will
More informationBlake Morgan. Employment Tribunal Fees Guide. For Businesses
Blake Morgan Employment Tribunal Fees Guide For Businesses For businesses Blake Morgan is a large, nationally recognised law firm with Top Tier legal directory rankings for its Employment law teams across
More informationThis paper sets out the main proposals contained in both reports and also examines the likely implications for disease practitioners.
On the 6 September 2017, the Ministry of Justice published the Civil Justice Council s Report on Noise Induced Hearing Loss Claims (NIHL). This is the body of work behind the proposals headlined in Lord
More informationLitigation. Kevills fees 2018/19
Kevills fees 2018/19 Litigation Our litigation team offer a variety of services, including: assisting you with a licensing application, preparing a claim or defence and acting on your behalf in a debt
More informationIN THE EMPLOYMENT COURT AUCKLAND [2012] NZEmpC 203 ARC 98/11. AND IN THE MATTER OF an application for costs. Plaintiff
IN THE EMPLOYMENT COURT AUCKLAND [2012] NZEmpC 203 ARC 98/11 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application for costs BETWEEN
More informationPREPARING FOR ARBITRATION ARBITRATION BEFORE FINRA
PREPARING FOR ARBITRATION ARBITRATION BEFORE FINRA Introduction This paper is meant to be used as an informal supplement to the chapter on Preparing for Arbitration: A Plaintiff Lawyer s View, 1 and will
More informationConditional Fee Agreement Explanation Leaflet. What you need to know about the CFA
Conditional Fee Agreement Explanation Leaflet. What you need to know about the CFA 1) Explanation of words used (a) Appeal - Any action taken to challenge a final or interim decision of the court (b) Applicable
More informationATE Legal Expenses Insurance
ATE Legal Expenses Insurance Commercial Litigation April 2013 onwards Temple s Desktop Guide to ATE Insurance for Insolvency, Defamation and Privacy Legal expenses insurance experts Contents An introduction
More informationIndexed as: Rano v. Commercial Union Assurance Co. Between: Teresa Rano, applicant, and Commercial Union Assurance Company, insurer
Page 1 Indexed as: Rano v. Commercial Union Assurance Co. Between: Teresa Rano, applicant, and Commercial Union Assurance Company, insurer [1999] O.F.S.C.I.D. No. 134 File No. FSCO A97-001056 Ontario Financial
More informationNORTHERN IRELAND COURT SERVICE COUNTY COURT RULES COMMITTEE REVIEW OF COUNTY COURT SCALE COSTS
NORTHERN IRELAND COURT SERVICE COUNTY COURT RULES COMMITTEE REVIEW OF COUNTY COURT SCALE COSTS A FURTHER RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS AUGUST 2001 Any enquiries in respect of this
More informationCase 2:05-cv SRD-JCW Document Filed 06/01/2009 Page 1 of 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA
Case 2:05-cv-04182-SRD-JCW Document 18958 Filed 06/01/2009 Page 1 of 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA IN RE KATRINA CANAL BREACHES CIVIL ACTION CONSOLIDATED LITIGATION No. 05-4182
More informationPOLICY LIMIT DEMANDS - PART II: A VIEW INTO THE OTHER ROOM
POLICY LIMIT DEMANDS - PART II: A VIEW INTO THE OTHER ROOM Negotiations during mediation can be a bit like playing poker you know what is in your hand (what you are willing to offer, or accept, to settle)
More informationSRA Transparency Rules and Pricing Information
SRA Transparency Rules and Pricing Information We are required by the Solicitors Regulatory Authority Transparency Rules to provide information about price, service and regulatory matters for certain areas
More informationChecklist issues to consider when completing costs budget. General comments
Checklist issues to consider when completing costs budget This Checklist provides a range of questions which may arise when completing the costs budget and provides responses to assist you. Please note
More informationManaging the costs of litigation Alternative fee arrangements and third party funding options
Managing the costs of litigation Alternative fee arrangements and third party funding options Costs certainty Risk sharing Innovative solutions Introduction At Eversheds Sutherland we recognise that the
More informationHOW THE 1998 TAX ACT AFFECTS YOUR DEALINGS WITH THE IRS APPEALS OFFICE. The IRS Restructuring and Reform Act of 1998.
HOW THE 1998 TAX ACT AFFECTS YOUR DEALINGS WITH THE IRS APPEALS OFFICE The IRS Restructuring and Reform Act of 1998 January 22, 1999 Robert M. Kane, Jr. LeSourd & Patten, P.S. 600 University Street, Ste
More informationChallenging ATE Premiums. Andrew Hogan
Challenging ATE Premiums Andrew Hogan One of the areas of costs practice that has a little while to run yet despite the implementation of the Jackson reforms is the recovery of ATE premiums. A long tail
More informationADR AND CIVIL JUSTICE - INTERIM REPORT OF CIVIL JUSTICE COUNCIL
ADR AND CIVIL JUSTICE - INTERIM REPORT OF CIVIL JUSTICE COUNCIL WORKING GROUP OCTOBER 2017 This is the response of NHS Resolution (formerly NHS Litigation Authority) to the consultation questions in the
More informationLEGAL ALERT. March 17, Sutherland SEC/FINRA Litigation Study Shows It Sometimes Pays to Take on Regulators
LEGAL ALERT March 17, 2011 Sutherland SEC/FINRA Litigation Study Shows It Sometimes Pays to Take on Regulators Whenever firms and individuals are faced with SEC and FINRA investigations and enforcement
More informationResponse to Department of Health Consultation Introducing Fixed Recoverable Costs in Lower Value Clinical Negligence claims.
Response to Department of Health Consultation Introducing Fixed Recoverable Costs in Lower Value Clinical Negligence claims May 2017 Introduction The Council is concerned that the proposals may impede
More informationArbitration Study. Report to Congress, pursuant to Dodd Frank Wall Street Reform and Consumer Protection Act 1028(a)
Arbitration Study Report to Congress, pursuant to Dodd Frank Wall Street Reform and Consumer Protection Act 1028(a) Consumer Financial Protection Bureau March 2015 1.4 Executive Summary Our report reaches
More informationBefore: HIS HONOUR JUDGE SMITH MR ANTHONY SMITH. -v- EXCEL PARKING SERVICES LIMITED. Lay Representative for the Appellant: Counsel for the Respondent:
IN OUNTY OURT AT MANSTR laim No. 0P94/M17X062 Manchester ounty ourt and amily ourt earing entre 1 ridge Street West Manchester M60 9J Thursday, 8 th June 2017 efore: IS ONOUR JU SMIT etween: ANTONY SMIT
More informationBEST PRACTICES IN INTERNATIONAL ARBITRATION. Summary of Contents
BEST PRACTICES IN INTERNATIONAL ARBITRATION Summary of Contents The NAFTA 2022 Committee... 2 ADR in the NAFTA Region... 2 Guide to Private Sector Dispute Resolution in the NAFTA Region... 2 I. Methods/Forms
More informationMr S complains about Bar Mutual Indemnity Fund Limited s decision to withdraw funding for his claim.
complaint Mr S complains about Bar Mutual Indemnity Fund Limited s decision to withdraw funding for his claim. background I issued a provisional decision on this complaint in December 2015. An extract
More informationFixed Costs in Personal Injury and Disease Work
Fixed Costs in Personal Injury and Disease Work 1. This paper focuses on the major change proposed by the Supplemental Report on Fixed Recoverable Costs ( FRC ) by Lord Justice Jackson published in July
More informationIN THE EMPLOYMENT COURT AUCKLAND [2016] NZEmpC 152 EMPC 323/2015. Plaintiff. AND MARRA CONSTRUCTION (2004) LIMITED Defendant
IN THE EMPLOYMENT COURT AUCKLAND IN THE MATTER OF BETWEEN [2016] NZEmpC 152 EMPC 323/2015 a challenge to a determination of the Employment Relations Authority FREDRICK PRETORIUS Plaintiff AND MARRA CONSTRUCTION
More informationUNFAIR AND WRONGFUL DISMISSAL EMPLOYMENT TRIBUNAL CLAIMS PRICING AND SERVICE
UNFAIR AND WRONGFUL DISMISSAL EMPLOYMENT TRIBUNAL CLAIMS PRICING AND SERVICE This information on costs and timing is provided for guidance only. It is not a quotation. We shall be pleased to provide information
More informationYou Could Get Money From a New Class Action Settlement If You Paid for Medical Services at a Michigan Hospital From January 1, 2006 to June 23, 2014.
United States District Court For The Eastern District Of Michigan You Could Get Money From a New Class Action Settlement If You Paid for Medical Services at a Michigan Hospital From January 1, 2006 to
More informationUE Defense Counsel Guidelines
United Educators (UE) believes that successful insurance defense requires a three-way approach. UE works closely with our member institutions (i.e., insureds) and outside defense counsel to reach the best
More informationProcedures for Protest to New York State and City Tribunals
September 25, 1997 Procedures for Protest to New York State and City Tribunals By: Glenn Newman This new feature of the New York Law Journal will highlight cases involving New York State and City tax controversies
More informationIAMA Arbitration Rules
IAMA Arbitration Rules (C) Copyright 2014 The Institute of Arbitrators & Mediators Australia (IAMA) - Arbitration Rules Introduction These rules have been adopted by the Council of IAMA for use by parties
More informationFrequently Asked Questions GLGI Class Action Donors4Donors.com
Why do we need a class action? By signing up, will I really make a difference? Yes. There is power in numbers. The more people who sign up the better. (Judges tend to look at it this way: the greater the
More informationCommercial debt recovery
Commercial debt recovery Shoosmiths provides debt recovery services to a wide range of businesses covering both lending and trade debt, including where the debt is unsecured and where the debt in question
More informationFinancing Litigation. Chapter from. The little green book of dispute resolution
Financing Litigation Chapter from The little green book of dispute resolution Financing Litigation When a business faces a dispute, one of the key factors which can influence the decision whether to pursue
More informationEDITORIAL NOTE: NO SUPPRESSION APPLIED. IN THE DISTRICT COURT AT QUEENSTOWN CIV [2016] NZDC 2055
EDITORIAL NOTE: NO SUPPRESSION APPLIED. IN THE DISTRICT COURT AT QUEENSTOWN CIV-2014-059-000156 [2016] NZDC 2055 BETWEEN AND JAMES VELASCO BUENAVENTURA Plaintiff ROWENA GONZALES BURGESS Defendant Hearing:
More informationBest Practices in Arbitration for Hospitality Cases
Mr. Pucciarelli Hospitality Law Best Practices in Arbitration for Hospitality Cases Pros and Cons of Arbitration Compared to Mediation, Expert Determination and Litigation By Albert Pucciarelli, Partner,
More informationNetherlands Arbitration Institute
BOOK FOUR - ARBITRATION TITLE ONE - ARBITRATION IN THE NETHERLANDS SECTION ONE - ARBITRATION AGREEMENT Article 1020 (1) The parties may agree to submit to arbitration disputes which have arisen or may
More informationCELESTE E. SALINAS QUERO
STOCKHOLM, 2017 CELESTE E. SALINAS QUERO Table of contents BY: CELESTE E. SALINAS QUERO I. Introduction 1 II. SCC 1 III. The SCC s Dispute Resolution Services in investor-state disputes 1 Administration
More informationFamily Law: Mediation
Family Law: Mediation Accessible & Transparent Services Mediation can offer a way for you to resolve issues during separation or divorce without needing to endure arduous and emotionally draining court
More informationCLAIMS AGAINST INDUSTRIAL HYGIENISTS: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART TWO: WHAT TO DO WHEN A CLAIM HAPPENS
CLAIMS AGAINST INDUSTRIAL HYGIENISTS: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART TWO: WHAT TO DO WHEN A CLAIM HAPPENS Martin M. Ween, Esq. Partner Wilson, Elser, Moskowitz, Edelman & Dicker,
More informationFrom Denial to Acceptance: Advising the Insured Through a Professional Liability Claim
From Denial to Acceptance: Advising the Insured Through a Professional Liability Claim Thomasina Dumonceau Direct: 416.593.2999 tdumonceau@blaney.com Blaney McMurtry LLP - 2 Queen Street East, Suite 1500
More informationHome Mortgage Foreclosures in Maine
Home Mortgage Foreclosures in Maine Find more easy-to-read legal information at www.ptla.org Important Note: This is very general information about home mortgage and foreclosure rules in Maine. It is not
More informationRecognising liabilities arising from lawsuits
IASB Staff Paper Date 7 April 2010 Project Liabilities IFRS to replace IAS 37 Topic Recognising liabilities arising from lawsuits About this staff paper The IASB intends to issue a new IFRS to replace
More informationU.S. Supreme Court Considering Fiduciary Responsibility For 401(k) Plan Company Stock Funds and Other Employee Stock Ownership Plans (ESOP)
Fiduciary Responsibility For Funds and Other Employee Andrew Irving Area Senior Vice President and Area Counsel The Supreme Court of the United States is poised to enter the debate over the standards of
More informationONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT SACHS, WILTON-SIEGEL, MYERS JJ. ) ) ) Respondents )
CITATION: Papp v. Stokes 2018 ONSC 1598 DIVISIONAL COURT FILE NO.: DC-17-0000047-00 DATE: 20180309 ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT SACHS, WILTON-SIEGEL, MYERS JJ. BETWEEN: Adam Papp
More informationNORTHERN IRELAND COURT SERVICE PARTIAL REGULATORY IMPACT ASSESSMENT COUNTY COURT SCALE COSTS
NORTHERN IRELAND COURT SERVICE PARTIAL REGULATORY IMPACT ASSESSMENT COUNTY COURT SCALE COSTS A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS OCTOBER 2006 The Association of Personal Injury Lawyers
More informationI TE RATONGA AHUMANA TAIMAHI ŌTAUTAHI ROHE [2019] NZERA Applicant
IN THE EMPLOYMENT RELATIONS AUTHORITY CHRISTCHURCH I TE RATONGA AHUMANA TAIMAHI ŌTAUTAHI ROHE [2019] NZERA 127 3024840 BETWEEN A N D PAUL ALGAR Applicant SOUTH ISLAND HOTELS LIMITED Respondent Member of
More informationIN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No.958 OF Prem Nath Bali Appellant(s) VERSUS J U D G M E N T
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.958 OF 2010 Reportable Prem Nath Bali Appellant(s) VERSUS Registrar, High Court of Delhi & Anr. Respondent(s) J U D G M E N T
More informationSUPREME COURT OF NOVA SCOTIA Citation: Sprague v. Spencer, 2018 NSSC 125. Jason William Sprague. v. Paula Denise Spencer
SUPREME COURT OF NOVA SCOTIA Citation: Sprague v. Spencer, 2018 NSSC 125 Date: 2018-05-28 Docket: SKPA 107147 Registry: Kentville Between: Jason William Sprague v. Paula Denise Spencer Applicant Respondent
More informationC110 ESSENTIALS OF LOSS ADJUSTING
CIP PROGRAM EXAMINATION IMPORTANT The time allowed for this exam is 3 hours. Total marks: 200 You must hand in this paper and any paper used for rough work to the supervisor when you leave the examination
More informationCITATION: Tree-Techol Tree Technology v. Via Rail Canada Inc., 2017 ONSC 755 COURT FILE NO.: DATE:
CITATION: Tree-Techol Tree Technology v. Via Rail Canada Inc., 2017 ONSC 755 COURT FILE NO.: 14-45810 DATE: 2017-02-01 SUPERIOR COURT OF JUSTICE - ONTARIO RE: BEFORE: TREE-TECHOL TREE TECHNOLOGY AND RESEARCH
More informationCONTINGENCY FEES INTERNATIONAL PERSPECTIVES by Prof Fawzia Cassim
CONTINGENCY FEES INTERNATIONAL PERSPECTIVES by Prof Fawzia Cassim 1. INTRODUCTION A detailed comparative study of the contingency fee regime in foreign jurisdictions is necessary to ascertain how such
More informationHome Mortgage Foreclosures in Maine
Home Mortgage Foreclosures in Maine Find more easy-to-read legal information at www.ptla.org Important Note: This is very general information about home mortgage and foreclosure rules in Maine. It is not
More informationEVALUATING A WORKERS COMPENSATION CLAIM THE DEFENSE PERSPECTIVE. Diana L. Wann, J.D.
EVALUATING A WORKERS COMPENSATION CLAIM THE DEFENSE PERSPECTIVE Diana L. Wann, J.D. 2017 Workers Compensation Midwinter Seminar and Conference AMERICAN BAR ASSOCIATION Labor and Employment Law Section
More informationRESOLUTION NO RESOLUTION OF THE BOARD OF DIRECTORS OF THE VECTOR CONTROL JOINT POWERS AGENCY REVISING THE LITIGATION MANAGEMENT POLICY
RESOLUTION NO. 2010-01 RESOLUTION OF THE BOARD OF DIRECTORS OF THE VECTOR CONTROL JOINT POWERS AGENCY REVISING THE LITIGATION MANAGEMENT POLICY WHEREAS, the VECTOR CONTROL JOINT POWERS AGENCY ( VCJPA )
More informationYOUR GUIDE TO PRE- SETTLEMENT ADVANCES
YOUR GUIDE TO PRE- SETTLEMENT ADVANCES What is a pre-settlement advance? If you have hired an attorney to bring a lawsuit, and if you need cash now, you may be able to obtain a pre-settlement advance on
More informationASSOCIATION OF PERSONAL INJURY LAWYERS Standard of competence for Litigators
ASSOCIATION OF PERSONAL INJURY LAWYERS Standard of competence for Litigators INTRODUCTION Standards of occupational competence Standards of occupational competence are widely used in many fields of employment.
More informationHow to Ensure You Are Protecting Your Directors and Officers in These Troubled Times
How to Ensure You Are Protecting Your Directors and Officers in These Troubled Times Risks, Realities, and a New Paradigm Patricia J. Villareal Head, Litigation Group Securities and Corporate Governance
More informationSuperior Court of the State of Washington, Yakima County
Superior Court of the State of Washington, Yakima County IF YOU WERE A PIECE-RATE FARM WORKER FOR WYCKOFF FARMS, INCORPORATED, IN WASHINGTON AT ANY TIME FROM JANUARY 31, 2014 THROUGH JULY 26, 2015, YOU
More informationArbitration CAS 2010/A/2046 Samir Ibrahim Ali Hassan v. National Anti-Doping Committee of the United Arab Emirates (UAE), award of 5 October 2010
Tribunal Arbitral du Sport Court of Arbitration for Sport Arbitration Samir Ibrahim Ali Hassan v. National Anti-Doping Committee of the United Arab Emirates (UAE), Panel: Mr Gerhard Bubnik (Czech Republic),
More informationThe Path of Lawyers: Enhancing Predictive Ability through. Risk Assessment Methods
The Path of Lawyers: Enhancing Predictive Ability through Risk Assessment Methods Prepared for CIAJ 2016 Annual Conference Civil Justice and Economics: A Matter of Value Ottawa, ON, October 5-7, 2016 Authors:
More informationLEGAL EDGE. Anadarko Petroleum Corp. (APC): Preview of April 4 Tronox Hearing March 28, 2014 CFRA LEGAL EDGE
LEGAL EDGE Anadarko Petroleum Corp. (APC): Preview of April 4 Tronox Hearing THE BRIEF We maintain Anadarko at Actionable Positive into Friday April 4 hearing in the Tronox fraudulent transfer case KEY
More informationBefore : MASTER GORDON-SAKER Senior Costs Judge Between :
Neutral Citation Number: [2015] EWHC B13 (Costs) IN THE HIGH COURT OF JUSTICE SENIOR COURTS COSTS OFFICE Case No: AGS/1503814 Royal Courts of Justice, London, WC2A 2LL Date: 17 th August 2015 Before :
More informationSOME HIGHLIGHTS OF DELAWARE TRUST LITIGATION IN 2017 AND DELAWARE TRUST LEGISLATION IN Presented at the Delaware 2017 Trust Conference
SOME HIGHLIGHTS OF DELAWARE TRUST LITIGATION IN 2017 AND DELAWARE TRUST LEGISLATION IN 2017 Presented at the Delaware 2017 Trust Conference October 24 and 25, 2017 By Norris P. Wright, Esquire 1925 1925
More information1. Company/Organization/Individual named in the determination ( Appellant ) Name Address Postal Code
APPEAL FORM (Form 1) This Appeal Form, along with the required attachments, must be delivered to the Employment Standards Tribunal within the appeal period. See Rule 18(3) of the Tribunal s Rules of Practice
More informationHayes Connor Solicitors
Hayes Connor Solicitors A jargon-free guide to: making a data breach group action claim with Hayes Connor Solicitors Why have we created this document? Making a data breach claim shouldn t be difficult.
More informationBusiness Valuation v Economic Damages: What are the Differences?
Business Valuation v Economic Damages: What are the Differences? V OIV International Business Valuation Conference January 16, 2017 Nancy Fannon, CPA, ABV, ASA, MCBA Meyers, Harrison & Pia Valuation and
More informationSECTION 1 OF: SESSION LAW SENATE BILL 277
SECTION 1 OF: SESSION LAW 2006-145 SENATE BILL 277 SECTION 1. Article 44 of Chapter 58 of the General Statutes is amended by renaming the title of Article 44 to "Property Insurance Policies," by designating
More informationTariq. The effect of S. 12 (1) of the Motor Vehicles Insurance (Third Party Risks) Act Ch. 48:51 The Act is agreed. That term is void as against third
REPUBLIC OF TRINIDAD AND TOBAGO HCA No. CV 2011-00701 IN THE HIGH COURT OF JUSTICE BETWEEN GULF INSURANCE LIMITED AND Claimant NASEEM ALI AND TARIQ ALI Defendants Before The Hon. Madam Justice C. Gobin
More informationIN THE COURT OF APPEAL KENNETH HARRIS. and SARAH GERALD
MONTSERRAT CIVIL APPEAL NO.3 OF 2003 BETWEEN: IN THE COURT OF APPEAL KENNETH HARRIS and SARAH GERALD Before: The Hon. Mr. Brian Alleyne, SC The Hon. Mr. Michael Gordon, QC The Hon Madam Suzie d Auvergne
More informationMetro Atlanta Business Court 2016 Annual Report
2016 Metro Atlanta Business Court 2016 Annual Report 1 Fulton County Superior Court Governing Rules On June 3, 2005, the Supreme Court of Georgia promulgated Atlanta Judicial Circuit Rule 1004 governing
More informationIntroduction 2. Debt Basics 2. Letter of Demand to recover a Debt 4. Financial Counselling for Debtors 4. Harassment by Debt Collectors 5
Debts CHAPTER CONTENTS Introduction 2 Debt Basics 2 Letter of Demand to recover a Debt 4 Financial Counselling for Debtors 4 Harassment by Debt Collectors 5 Going to the Tribunal or Court for Debt Disputes
More informationDECISION ON A MOTION
Financial Services Commission of Ontario Commission des services financiers de l Ontario BETWEEN: KAMALAVELU VADIVELU Applicant and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Insurer DECISION ON A
More informationComparison between SCC arbitration and CIETAC arbitration
1 Comparison between SCC arbitration and CIETAC arbitration by Dai Wen 1 and Linn Bergman 2 General Comparison The rules of the SCC and the CIETAC are similar in many ways. Both rules respect party autonomy,
More informationCitation: Korsch v. Human Rights Commission Date: (Man.) et al., 2012 MBCA 108 Docket: AI IN THE COURT OF APPEAL OF MANITOBA
Citation: Korsch v. Human Rights Commission Date: 20121113 (Man.) et al., 2012 MBCA 108 Docket: AI 12-30-07792 Coram: B E T W E E N : IN THE COURT OF APPEAL OF MANITOBA Madam Justice Barbara M. Hamilton
More informationCan an Insurance Company Write a Reservation of Rights Letter that Actually Protects Their Right to Deny Coverage in Light of Advantage Buildings?
Can an Insurance Company Write a Reservation of Rights Letter that Actually Protects Their Right to Deny Coverage in Light of Advantage Buildings? By Kevin P. Schnurbusch Rynearson, Suess, Schnurbusch
More informationChapter 3 Preparing the Record
Chapter 3 Preparing the Record After filing the Notice of Appeal, the appellant next needs to specify what items are to be in the record (the official account of what went on at the hearing or the trial
More informationCase 3:09-cv N-BQ Document 201 Filed 05/16/17 Page 1 of 13 PageID 3204
Case 3:09-cv-01736-N-BQ Document 201 Filed 05/16/17 Page 1 of 13 PageID 3204 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION CERTAIN UNDERWRITERS AT LLOYD S OF LONDON
More informationAdmissions and the RTA Protocol. Andrew Hogan
Admissions and the RTA Protocol Andrew Hogan This week I had cause to look at the Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (2nd edition). What a curious set of provisions
More informationCRIME DEPARTMENT FACT SHEET Criminal legal aid
CRIME DEPARTMENT FACT SHEET - 4.24 - Criminal legal aid Making an Application In order to obtain criminal Legal Aid (a Legal Aid), you must complete the legal aid forms CRM14 (and often CRM15 as well)
More informationGuide To Litigation Costs And Funding
Guide To Litigation Costs And Funding This Guide provides a summary of how to fund litigation in the courts of England and Wales, i.e. bringing or defending a claim, before and after the issue of court
More informationCLM 2016 New York Conference December 1, 2016 New York, New York
CLM 2016 New York Conference December 1, 2016 New York, New York Adjuster training - Teaching Good Faith to prevent Bad Faith, Including Practice Advice to Avoid Extra-Contractual Claims in the Claim Handling
More informationThe Advocates Society PROMOTING EXCELLENCE IN ADVOCACY
The Advocates Society PROMOTING EXCELLENCE IN ADVOCACY BY E-MAIL December 2, 2013 Senior Manager Insurance Policy Unit Industrial and Financial Policy Branch Ministry of Finance 95 Grosvener Street, 4th
More information14 - Court Determines Damages for Willfully Filing a Fraudulent Information Return
14 - Court Determines Damages for Willfully Filing a Fraudulent Information Return Angelopoulo v. Keystone Orthopedic Specialists, S.C., et al., (DC IL 7/9/2018) 122 AFTR 2d 2018-5028 A district court
More informationTAXATION MANUAL Approved by Management Council February 25, 2015
TAXATION MANUAL Approved by Management Council February 25, 2015 LEGAL AID MANITOBA LEGAL ACCOUNTS DEPARTMENT TAXATION MANUAL This Manual represents the Executive Director's interpretation of The Legal
More informationCITATION: Lucas-Logan v. Certas Direct Insurance Company, 2017 ONSC 828 COURT FILE NO.: CV DATE: ONTARIO SUPERIOR COURT OF JUSTICE
CITATION: Lucas-Logan v. Certas Direct Insurance Company, 2017 ONSC 828 COURT FILE NO.: CV-15-21829 DATE: 20170202 ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: Eunice Lucas-Logan Plaintiff and Certas Direct
More informationARBITRATOR S GUIDELINES
ARBITRATOR S GUIDELINES June 2015 Dispute Resolution Since 1928 The Ljubljana Arbitration Centre at the Chamber of Commerce and Industry of Slovenia (the LAC) has adopted the LAC Arbitrator s Guidelines
More informationTemple s Desktop guide
ATE Legal Expenses Insurance Commercial Litigation April 2013 onwards Temple s Desktop guide to ATE Insurance for Irrecoverable premiums Legal expenses insurance experts Contents An introduction to Legal
More informationSchedule 1. the fact that if you lose, we will not earn anything;
Schedule 1 Success fee The success fee is set at 100% of our basic charges, where the claim concludes at trial; or 100% where the claim concludes before a trial has commenced. The success fee percentage
More informationLitigation / Strata / Property / Commercial / Building and Construction / Estates / Local Government / Employment
Lawyers Chambers on Riley Pty Ltd ABN: 90 145 955 317 98 Riley Street Darlinghurst NSW 2010 P: 02 8262 6100 F: 02 8262 6101 enquiries@lawyerschambers.com.au www.lawyerschambers.com.au RECOVERING UNPAID
More information