A blog about the work lawyers do to win commercial disputes by Will Newman
Filtered by Category: Interviews
South African courts cite UK contract law and UK’s rules for evidence. They do this because UK law offers a large body of precedent that courts can follow. They also do this because a lot of the laws and rules in South Africa come from the UK system, since those laws stayed entrenched in the country when it became independent from the UK.
Read MoreThe true “expenses” of Roman litigation were in time and reputation. There were no filing fees and such. Advocates in Rome did not typically charge fees: advocacy was provided as part of a system of patronage, friendship, and professional ambition.
Read MoreIn Poland there is an unusual division between attorneys-at-law (in Polish: “radcowie prawni”) and advocates (in Polish: “adwokaci”). Currently, both professions have identical competences, including representing clients before all the courts, a path to the professions is similar and it is easy to change the profession between them. The reasons of this division have mainly historical character. From the client's point of view, it does not matter whether he or she cooperates with an attorney-at-law or with an advocate.
Read MoreLabor cases are resolved fairly quickly, especially those involving layoffs. Normally the conciliation occurs within a month, and if there is no agreement between one and three months there is a trial.
Read MoreIndividuals cannot file constitutional cases directly with The Constitutional Court of Romania. If constitutional matters are raised during commercial matters, the judge of the commercial matter may file a case with the constitutional court regarding the constitutional matters raised and it will be solved independently of the pending commercial matter.
Read MoreWhen a side wins, the other can be convicted to reimburse the court fees paid by the wining party as well as a compensation for attorney fees. However, that compensation is calculated by reference to the court fees paid by the parties and not for the real costs incurred to with attorneys. Most of the time, the compensation is not nearly enough to pay for said fees.
Read MoreMany common law claims also exist in Pakistani law and were generally codified in statute by the British. Pakistan also generally follows the common law tradition of reasoning. However, in some respects, statutory interventions and the need for laws to be consistent with Islam means that some common law claims are not available under Pakistani law.
Read MoreIn civil cases, a court deposit is required. If the client wins, then the court deposit is refunded. If the client loses the deposit is forfeited. The prevailing party in a court dispute can also claim attorney’s fees. However, the Thai court rarely grants the other party’s legal fees in civil cases. If a client is granted attorneys’ fees, then the fees are awarded pursuant to a specific court rate. The court rate attorneys’ fees are much less than the market rate.
Read MoreIn Nigeria, parties are required to file along with their pleadings, a list of witnesses they intend to call, together with their statements on oath as well as copies of all documents they intend to rely on at the trial. This concept is known locally as “frontloading.”
Read MoreThe Danish courts have been overwhelmed with cases the last few years. There is currently a focus on expediting cases concerning violence, weapons and sexual abuse. Thus, the civil cases are scheduled for hearing before a judge 15-24 months after the initial pleading/subpoena.
Read MoreThe law of England & Wales only applies in England & Wales. There is no UK legal system as such. The Scottish legal system is quite different to that of England & Wales and of Northern Ireland, in that it is not based on common law principles, rather it is based on Roman law and is similar to the continental European systems. It has adopted certain aspects of the English system and is now a form of “hybrid” civil/common law system. It also has a split profession.
Read MoreFrench courts do not reimburse all of a prevailing party’s legal fees, but the court can award a very high amount (over a hundred thousand Euros) in the commercial court. The reimbursements are less, and mostly symbolic in other courts, like the employment, civil, criminal, and administrative courts.
Read More
