1 Knowhow briefs A practical guide into comparing key features of EMEA jurisdictions Dispute Resolution knowhow Briefs A practical guide into comparing key features of EMEA jurisdictions Knowhow briefs A practical guide into comparing key features of EMEA jurisdictions
3 Summary table comparing key features of EMEA jurisdictions Region Legal system Pre-action/ England and Wales Common law Wide variety of relief available, eg: pre-action disclosure of documents/ party information; security for costs; prohibitory/ mandatory injunctions; freezing orders; search/ preservation orders; orders to support enforcement of judgments. General duty to disclose all material documents which help or harm your or another party s case. Established and wideranging privilege rules to protect against disclosure of legal advice/ documents prepared in contemplation of litigation. Full disclosure of relevant documents; witness statements; and expert evidence. Court s permission required to adduce expert evidence to be limited to what is reasonably required. Generally 1-2 years although ways to expedite. Eg, summary judgment, shortform proceedings (Part 8) and expedited proceedings can be available. Costs generally follow the event losing party typically ordered to pay 60-70% of winner s costs. Note: effect of good settlement offers, unreasonable conduct and unjustifiable costs. Professional fees range from 100/ hour for a small, local firm to 1,000/ hour for top barristers. Conditional fee arrangements ( no win, no (or discounted) fee arrangements) ( CFAs ) are available. CFAs often involve the payment of an additional fee on success (a "Success Fee"). Since 1 April 2013, under the Jackson Reforms, Damages Based Agreements ( DBAs ) allowing lawyers to be paid from the damages awarded to their client are also allowed on a "no win, no fee" basis. Third party funding and afterthe-event ( ATE ) insurance is permitted. However, following the Jackson Reforms, it is not possible for Generally uphold jurisdiction clauses. Brussels regime for EU states; Courts will enforce judgments of non-eu states in accordance with bi-/ multi-lateral treaties as incorporated into English law. Anti-suit relief only available for proceedings outside the EU Erich Gasser GmbH v MISAT Srl (Case C- 116/02)  QB 1).
4 the successful party to recover the premium/costs of any such arrangements entered into after 1 April Likewise, it is no longer possible to recover any Success Fee payable under a CFA entered into after 1 April Belgium Civil law Various, including: Summary judgment; Injunctions. The party must be able to show that there is urgency and there is need for the measure so as to avoid imminent and unjustified damage. No obligation to disclose relevant documents. However, if there are strong suggestions that a party (or third party) has a document relevant to the case, the court may order that party to make the document available. Non-disclosure of such information may have an impact on the court s decision but will not, unless it is fraudulent, lead to a penalty. There are no discovery proceedings in Belgium. All types of evidence is admissible in commercial matters. In civil matters written evidence overrides other types of evidence. Expert evidence may be presented by the parties and the Court may designate its own expert. Typically, main proceedings (bodemprocedu re/procédure au fond) will run for between 6 to 18 months. Comparatively low when considered alongside the rest of Europe. Judgments will provide for the losing party to indemnify the other party for its court costs and its lawyer s costs. The indemnity for lawyer costs is fixed by the Court in accordance with a scale which results in an amount frequently less than the amount of actual fees. Contingent fee arrangements linked exclusively to the outcome of the case are prohibited. Brussels regime. Reciprocal treaties. Where a judgment has been rendered outside the EU or in a country not bound by a specific treaty, recognition and enforcement is possible in accordance with art. 22 to 25 of the Belgian Code of Private International Law. Denmark Civil law Various, including: Injunctions. Securing of No obligation on parties to disclose relevant documents. However, if there are strong There are no discovery proceedings in Denmark. Typically, main proceedings ( hovedforhandl ing ) will run for between 6 to 18 Comparatively low when considered alongside the rest of Europe. Judgments will provide for Brussels regime. Reciprocal treaties. International
5 evidence and investigations at the premises of an alleged infringer can be ruled by the court if it is likely that an infringement of IPR has occurred or will take place. Enforcement proceedings. The party must be able to show that there is urgency and there is need for the measure so as to avoid imminent and unjustified damage. suggestions that a party (or third party) has a document relevant to the case, the court may order that party to make the document available. Non-disclosure of such information may have an impact on the court s decision but will not, unless it is fraudulent, lead to a penalty. Third parties are required to disclose relevant documents or ordered to do so by the court, and non-disclosure can be sanctioned with daily penalties. As a general rule, all types of evidence are admissible in commercial matters. Expert evidence may be presented only if agreed by the parties, or if obtained prior to the filing of the law suit. The Court may upon request from a party appoint an expert surveyor. months in the first instance. the losing party to compensate the prevailing party for its court costs and its lawyer s costs. The compensation for lawyer and court costs is fixed by the Court in accordance with a scale which results in an amount frequently less than the amount of actual fees. Contingent fee arrangements granting a certain proportion of the outcome of the case are prohibited. Success fees are however allowed. Arbitration decisions. Finland Civil law. The courts may grant injunctions and seizures. The applicant must demonstrate that it is probable that he or she holds a debt, has a prior right to property or has any other right that is enforceable by a No general duty to disclose relevant documents and no discovery proceedings. However, the court may order a document to be disclosed at a party's request if the document is in the Mainly written and oral evidence. The parties may also present expert reports and expert witnesses. The court does not accept written witness statements. Also an inspection In commercial litigation, generally 9 24 months in the first instance. The costs mainly comprise of attorneys' fees. The losing party is typically ordered to pay the winner's necessary and reasonable costs and legal fees. Contingency fees are only allowed in special circumstances and they are rarely used. Brussels regime for EU states. Reciprocal treaties with several other states.
6 court decision. In addition, the applicant must demonstrate that there is a danger that the opposing party takes actions endangering the right of the applicant. possession of the opposing party and the document is of significance as evidence in the case. of real estate or an object that cannot be brought to court is possible. France Civil Law Code Commerce for procedural rules. The courts have wide discretion as to the types of injunctions they can grant, which includes: freezing and seizing orders ( mesures conservatoires ); orders to preserve evidence or establish proof ( référée probatoire ). Provisional orders (in cases of deadlock in a corporation/ appointment of a provisional administrator or a corporation etc). Parties to litigation are not obliged to disclose all documents relevant to the case, but they need to disclose documentary evidence substantiating their claims for the success of such claims. Parties are also not obliged to refer to any facts or evidence during the litigation if it is not in their interests to do so. However, a party may be ordered by the court to disclose information. Evidence is mainly documentary. Although allowed, oral evidence is very rare. Testimonies are usually produced in writing. Expert evidence is common and parties may produce private expertise or request the appointment of a court expert, which generally has stronger probative value. On average a case will run for about 8 to 15 months. However, urgent cases can be decided on the merits according to a fast track procedure ( Bref délai ) in 2 to 3 months. Appeal proceedings usually take between 15 to 18 months. There is also a possibility for expedited proceedings référé provision in the absence of serious dispute as to the facts, which last 3 The unsuccessful party will usually be responsible for court costs. Legal fees are recoverable but the amount reimbursed does not cover the amount actually spent. Partial contingency or conditional fee arrangements are permitted under French law. Brussels regime. Reciprocal treaties. If there is no reciprocal treaty a judgment may be enforced by obtaining an exequatur decision recognising and enforcing the foreign decision.
7 months on average. Germany Civil law Various remedies available including: preliminary injunctions; attachment orders in respect of monetary claims; orders preserving evidence if there is a reasonable concern that the evidence will be lost or its use will be hampered, for example as a result of time lapse. Parties generally do not have any obligation to disclose documents which are relevant to the case. German law does, however, make some provision for disclosure. According to section 142 Code of Civil Procedure the court may order disclosure of documents referred to by a party. Such an order may be made against another party to the proceedings or against a third person not involved in the proceedings. A claim for disclosure can only be made if there is a certain degree of likelihood that the Claimant has a claim regarding the desired information. The claimant does not have to provide evidence of all the facts constituting his claim but only those facts which are contested by the defendant. A first instance judgment in main proceedings may be obtained within a relatively short period of time, depending on the subjectmatter. In trade mark or patent infringement proceedings, a judgment is usually obtained within 3 to 6 months or 6 to 12 months respectively. A default judgment is regularly handed down within a matter of weeks if not days. An appellate decision may be obtained within 9 to 15 months. Decisions on further appeals take about 3 The cost of litigating in Germany essentially comprises court costs and attorneys fees. Under German Civil Procedure Law the unsuccessful party is obliged to bear the court costs and the attorneys fees of the other party. The court costs are regulated by law and depend on the value of the dispute. The value of the dispute is determined by the court to reflect the claimant s interest in the subject-matter of the proceedings Contingency fees are permitted in exceptional cases (where claimant could not otherwise fund claim). Third party funding by nonprofit organisations is permitted (but yet to be used). Brussels regime Judgments of the courts of non-eu Member States may only be enforced after a more substantial recognition proceeding, during which the Court considers, inter alia, the international competence of the country of jurisdiction, proper service of the complaint and compliance of the judgment with the ordre public.
8 years. Italy Civil law Courts have a wide discretion as to the type of injunctions that can be ordered. They include orders for the seizure and preservation of assets as well as preventative injunctions, requiring a party to refrain immediately from acting in a certain way. In IP matters, there are specific injunctions available to protect against infringements of patent rights and copyright. Italian law allows for an expedited route for relief to creditors holding qualified evidence of monetary claims. No general duty of disclosure., however, the court may order disclosure of documents on its own motion or at the request of either party, provided that the documents are determinant for the decision or are specifically identified. Generic requests for disclosure are not admissible. The main types of evidence are documentary and oral evidence. Expert evidence is limited. Comparatively slow compared to other EU countries. Court fees depend upon the value of the claim and/or the number of defendants against whom the action is brought. Court fees, including the use of bailiffs (bailiffs costs are very low in Italy) and lawyers fees can generally be recovered by the successful party from the unsuccessful party at the end of the trial. In general, the costs for litigation in Italy are lower than in the UK, Germany and France. Contingency and conditional fee arrangements are permissible provided the agreement is evidenced in writing. Brussels regime. Reciprocal treaties. Judgments of the courts of non-eu Member States which are not subject to reciprocal treaties are enforceable pursuant to Law no. 218/1995. Netherlands Civil law Injunctions are usually imposed under severe money penalties. Provided that the matter is No general duty of disclosure, however, a party may be ordered by the courts to disclose Documentary and witness evidence. The hearing of witnesses in the Judgment on the merits may be obtained within 12 to 18 months. Default The cost of pursuing a claim in The Netherlands depends on the value of the claim in dispute. Brussels regime. Reciprocal treaties. Where a judgment has been rendered
9 urgent, a party can ask for a fairly wide variety of injunctions which include payment orders (very difficult to obtain and severe review of the urgent interest), orders that a party take or refrain from taking certain action, orders to disclose documents and orders to cooperate with the transfer property documents because, for example, the other party requires sight of those documents and is not able to obtain them in other ways. Netherlands proceeds on the principle that the judge leads the hearing. Lawyers of both parties are usually granted the opportunity to follow up the questions. However, the judge can prevent certain questions from being answered. Cross-examination of the witness by the counsel of parties involved is only allowed to a certain extent. A court can order an expert examination at the request of a party or on its own initiative by interlocutory judgment. It is completely at the court s discretion whether or not an expert examination is ordered. judgments can be obtained within 2 months. Appeal proceedings may take between 12 and 24 months. Proceedings before the Supreme Court typically take about 18 months. The general rule is that a successful party will be able to recover a part of its costs from the unsuccessful party; depending on the performed acts a specific number of points can be awarded with a specific maximum up to a certain value of the claim. Each point corresponds with a fixed amount related to the value of the claim. The conduct of the parties is not taken into account, except in very extreme cases of abuse of procedural rights. outside the EU or in a country not bound by a specific treaty, the case has to be heard by the Dutch court. However, if the judgment meets the criteria of general international private law the proceedings will be similar to obtaining an exequatur decision. Spain Civil law A wide range of different interim are allowed under No general duty of disclosure, however, parties can request the production of a Interrogation of parties. Public Again, generally slow in comparison to other The judge will generally order the unsuccessful party to pay the successful party s legal costs. When the Brussels regime. Reciprocal treaties. Outside the EU, in
10 Spanish law. Article 727 of the Spanish Civil Procedure Act identifies an open number of that can be requested. These can include: freezing of assets; judicial administration of goods; deposit of goods; in circumstances where the object of the case are goods or rights that can be registered in Public Registries, preemptive registration of claims; orders of cessation; the order to refrain carrying out particular actions; and the deposit of benefits obtained by illegal activities. specific document. documents (i.e., authorised by a Notary Public or competent public officer, with the formalities required by the law). Private documents. Expert reports. Judicial inspection of a place, object or person. Witness testimony. Reproduction of words, sounds or images. Expert evidence is regulated as that of an expert in those cases where opinion is offered by a person with special scientific knowledge, or technical skill not common to the layman. jurisdictions. unsuccessful party is ordered to pay legal costs, it will only have to pay the fees corresponding to lawyers and other professionals whose fees are not fixed upon official fee scales, which, in any event, cannot exceed one third of the amount of the proceedings in question. Contingency fee agreements or quota littis between lawyers and their clients is permitted under Spanish law. the absence of an international treaty and when no clear reciprocity policy has been established, the recognition and enforcement of foreign judgments is possible in Spain provided certain requisites are met.
11 Sweden Civil law. In commercial litigation the court may order sequestration or other security. A measure like this may however be granted by the court only upon application and furthermore the applicant must deposit with the court security for the loss that the opposing party may suffer. The applicant must show probable cause for his/her claim. It also has to be reasonable to suspect that the opposing party will take actions endangering the right of the applicant. There is no obligation to disclose documents in Sweden. Instead the parties are responsible to refer to the evidence they deem necessary. However, anyone holding a written document that can be assumed to be of importance as evidence is obliged to produce it upon a request from one of the parties to the court. There is no obligation to refer to evidence that may be to your own disadvantage. The principle of admissibility of evidence means that there are only certain rare exceptions where it is forbidden to use certain types of evidence in Sweden. Therefore, practically all types of evidence can be referred to during the trial. Most commonly used are oral and written documents. The main rule is that written witness statements are not permissible in court. However if the parties agree to such a procedure and it is not clearly inappropriate the court may allow it. The parties (and also the court) may use expert reports and expert witnesses. In commercial litigation it generally takes months in the first instance (District Courts). There is a minimal application fee in the courts. Otherwise the legal costs in Sweden mainly comprise of legal fees. The main rule is that the losing party shall reimburse the opposing party for its litigation costs including lawyer's fees. Generally foreign judgments will not be recognised or enforced in Sweden. However, there are exceptions due to a number of international conventions to which Sweden has acceded, e.g. The Brussels Regulation between the EU states and also reciprocal treaties with several other states. Regarding International Arbitration awards Sweden is a contracting state to The Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
12 Central and Eastern Europe Generally civil law Limited range of powers in CEE, eg, summary judgment not available in Albania, Lithuania, Ukraine. Freezing, seizing and preservation orders are available in Poland. Security for costs can be available in certain jurisdictions (eg Estonia) if the opposing party is outside the jurisdiction (or EU). No wide-ranging duties of disclosure. Courts can order disclosure of specific documents where the opposing party can show the existence of the document and its relevance to the dispute. Limited disclosure, written (and oral) witness evidence and (court-appointed) experts. Proceedings often delayed - can take 2 years or more. Costs generally follow the event. In Poland court and attorney fees are capped by statute. Various approaches to CFAs and contingency fee arrangements, eg: Albania: third party funding by non-profit organisations is permitted (but yet to be used). Ukraine: conditional and contingency fees permitted. Hungary: contingency fees are permitted but not generally used. Poland: the use of contingency fees is not regulated. Brussels regime (unless outside EU). Bilateral treaties in most jurisdictions. If the foreign judgment falls outside the scope of the Brussels regime or a bilateral treaty then enforcement will depend on local requirements, often including a requirement that the judgment is compliant with public policy. No anti-suit relief in Poland and the jurisdiction of the Polish courts cannot be excluded in consumer cases. Middle East Generally civil codes (based on historic Egyptian/ Ottoman legal systems). Sharia law is the main source of legislation in countries such as Saudi Arabia, Various. No general duty of disclosure. Written submissions supported by documentary evidence. Oral evidence is not generally allowed. If a party wishes to call a witness, an application must be made to the court. Such applications are Generally very slow can take years for final judgment and parties often deploy delaying tactics. Commercial litigation is usually funded by the client and ATE insurance is not common. Fees are not fixed by law and are often based on the amount of the claim often fixed fee. Although some larger law firms charge hourly rates. Court fees and costs are Riyadh Convention covers enforcement of judgments between Middle East states. The existence of treaties with foreign states will often govern the enforcement of foreign judgments and will be subject to
13 Oman, Yemen and the UAE (mix). Some notable exceptions, eg: Israel (common law and halakhah); DIFC Courts in Dubai (common law). rare. usually awarded to the successful party, however, the courts generally only award nominal contributions. The permissibility of contingency fees varies between states (eg they are not permissible in Iraq, Oman, Qatar and UAE). local procedure. In some states (Saudi Arabia) the judgment will only be enforceable if compatible with Shari ah Law. Africa A variety of common law (eg Nigeria, Ghana, Uganda, South Africa) and civil law systems (eg Gabon, Ethiopia). Customary laws. Sharia law (eg, Ghana, Sudan, Nigeria) In some states, there is a mix of two/ three types of legal system (eg Egypt, Ghana, Morocco, Namibia, Nigeria, South Africa, Zimbabwe). Various. Courts in some states have wide case management powers that can be exercised both in response to party requests and of their own volition (eg Nigeria). In some states, while the Court might have the power to order interim relief, limited use by the parties because of difficulties surrounding enforcement (eg Egypt). Varies between states: disclosure rules generally based on whether the state has a civil, common law or pluralistic legal system, eg the disclosure rules in litigation in Nigeria, which predominantly has a common law system, are similar to the disclosure rules in England & Wales. Written and oral evidence. Generally slow (2-5 yrs) but with some exceptions (eg Nigeria, South Africa). Costs generally in the case. Low cost legal services. Flexible approaches to fees and funding; contingency/ success fees generally permissible. Third party funding is becoming increasingly frequent in some states (eg South Africa). The enforcement of foreign judgments is subject to local procedural requirements and must not be contrary to public policy. Many African states are not a party to the New York Convention.
14 Note: This hand out and the presentation slides with which it is provided are confidential to Bird & Bird and are protected by copyright. It provides general information only and does not constitute specific legal advice. Always consult an appropriately qualified lawyer on any specific matter.
16 The content of this handout is of general interest and is not intended to apply to specific circumstances. The content should not, therefore, be regarded as constituting legal advice and should not be relied on as such. Further, the law may have changed since publication and the reader is cautioned accordingly. Readers are advised to seek specific legal advice in relation to any particular problem they may have. Bird & Bird LLP twobirds.com Bird & Bird LLP is a limited liability partnership, registered in England and Wales with registered number 0C and is authorised and regulated by the Solicitors Regulation Authority. Its registered office and principal place of business is at 15 Fetter Lane, London EC4A 1JP. Bird & Bird is an international legal practice comprising Bird & Bird LLP and its affiliated and associated businesses and has offices in the locations listed on our web site: twobirds.com. The word partner is used to refer to a member of Bird & Bird LLP or an employee or consultant, or to a partner, member, director, employee or consultant in any of its affiliated and associated businesses, who is a lawyer with equivalent standing and qualifications. A list of members of Bird & Bird LLP, and of any non-members who are designated as partners and of their respective professional qualifications, is open to inspection at the above address.
Advice Note An overview of civil proceedings in England Introduction There is no civil code in England; English civil law comprises of essentially legislation by Parliament and decisions by the courts.
Knowhow briefs Privilege Executive summary: A party has an absolute right to withhold a privileged document from production to a third party. It is only necessary to claim privilege in respect of documents
Responses submitted by: Name: Roddy Bourke Law Firm/Company: McCann FitzGerald Location: Dublin, Ireland 1. Would your jurisdiction be described as a common law or civil code jurisdiction? The Republic
Knowhow briefs The Brussels regulation at a glance Executive Summary: A practical guide which addresses how and why the Brussels Regulation has been ratified and approved; which jurisdictional issues parties
Error!Marcador no definido.introduction The implementation of Directive 2000/35/EC of the European Parliament and of the Council of June 29, 2000 into Belgian law The European directive had to be implemented
Knowhow briefs Without Prejudice Executive Summary: Without Prejudice ( WP ) communications made in a genuine attempt to settle a dispute may not be used in court as evidence of an admission. WP communications
Ligitation process in Denmark 1 Litigation process in Denmark A brief summary of the procedures and workings of the litigation process in Denmark. Litigation process in Denmark 2 Content Who will handle
The Process of a Typical Commercial Case Canada (Québec) Litigation Guide IBA Litigation Committee Christopher Richter email@example.com Eric Bédard firstname.lastname@example.org Woods LLP 2000 McGill College
March 2013 Implementation of the Jackson Reforms. The key changes. Introduction On 1 April 2013, a large tranche of the reforms proposed by the 2010 review of civil litigation costs by Lord Justice Jackson
Conditional Fee Arrangements, After the Event Insurance and beyond! CFAs, ATEs, DBAs Let s de-mystify the acronyms! 1. Conditional Fee Arrangements 1.1. What is a Conditional Fee Arrangement A conditional
Global Guide to Competition Litigation Japan 2012 Table of Contents Availability of private enforcement in respect of competition law infringement and jurisdiction... 1 Conduct of proceedings and costs...
TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance In return for the payment of the Premium specified in the Schedule and based on any Information that
1 Enforcement of judgments in civil matters in Switzerland By Prof. Dr. Isaak Meier Professor of Procedural Law, Bankruptcy Law, Private Law and Mediation at the University of Zurich 1. Introduction We
Kazakhstan Bakhyt Tukulov and Andrey Reshetnikov Litigation 1 What is the structure of the civil court system? Kazakhstan s court system is comprised of four tiers of courts: special district courts and
IP-Litigation in Germany German and European Patent, Trademark and Design Attorneys Lawyers What is a litigation team in Germany? In contrast to litigation procedures in certain jurisdictions, in particular
EXPLANATION OF LEGAL TERMS Affidavit: After the event litigation insurance: Application notice: Bar Council: Barrister: Basic Charges: Before the Event Legal Expenses Insurance: Bill of costs: Bolam test:
THE CHARTERED INSTITUTE OF ARBITRATORS Do Alternative Fee Arrangements Have a Place in International Arbitration? By Ian Meredith and Sarah Aspinall Reprinted from (2006) 72 Arbitration 22 26 Sweet & Maxwell
Conditional Fee Agreement (CFA) This agreement is a binding legal contract between you and your solicitor/s. Before you sign, please read everything carefully. This agreement must be read in conjunction
Global Guide to Competition Litigation Poland 2012 Table of Contents Availability of private enforcement in respect of competition law infringements and jurisdiction... 1 Conduct of proceedings and costs...
Patent Litigation in Europe - Presence and Future Innovation Support Training Program (ISTP) Module 2 / November 27, 2006 Christian W. Appelt German and European Patent and Trademark Attorney Patent Litigation
STITT & C Ọ SOLICITORS 11 Gough Square, London EC4A 3DE Tel: 020 7832 0840 Fax: 020 7832 0865 email: email@example.com TERMS OF ENGAGEMENT 1. Service Commitment We aim to offer our clients quality legal
Dispute Resolution 2010/11 Ireland Ireland Paul Convery and Peter Johnston Mason Hayes+Curran www.practicallaw.com/7-502-1536 TYPES OF DISPUTE RESOLUTION 1. Please give a brief overview of the main dispute
Approved: by the General Meeting of Georgian Securities Central Depository October 25, 1999 RULES OF THE GEORGIAN SECURITIES CENTRAL SECURITIES DEPOSITORY ON SETTLEMENT OF DISPUTES TBILISI 1999 Introduction
1 PERSONAL INJURIES PROCEEDINGS BILL 2002 EXPLANATORY NOTES General Outline Purpose of legislation The main purpose of this Act is to facilitate the ongoing affordability of insurance through appropriate
The article was originally published in International Business Lawyer, Volume 21, Number 11, pages 509-512. The International Business Lawyer is published by the Section on Business Law of the International
Carlos Dominguez Hernandez and Yulena Sanchez-Hoet Hoet Pelaez Castillo & Duque Litigation 1 Court system What is the structure of the civil court system? The general structure of s judicial system and
1. NOTIFICATION OF USE OF DSI DISPUTE SOLUTIONS, INC. ARBITRATION RULES Any company intending to incorporate these rules or to refer to the alternative dispute resolution (ADR) services of Dispute Solutions,
Executive summary and overview of the national report for Denmark Section I Summary of findings There is no special legislation concerning damages for breach of EC or national competition law in Denmark,
RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES (a) Illegal, Prohibited, or Clearly Excessive Fees and Costs. [no change] (b) Factors to Be Considered in Determining Reasonable Fees and Costs. [no change]
Guide to litigation costs and funding Contents Introduction Legal Aid Before the Event Insurance (BTE) Third Party Funding Paying for the claim yourself Alternative Billing Models (ABM) After the Event
LEGAL SCHEME REGULATIONS These Regulations came into force on 1 July 2014. 1 Introduction 1.1 These Regulations govern the Union s legal Scheme. The Rules of the Union set out your other rights and entitlements.
GUIDE TO NEW COSTS IN CIVIL CASE RULES GOVERNMENT REFORMS MAKE SURE YOU GET INSURANCE Introduction Landlords faced with claims from tenants have also in the past had to often pay success fees where tenants
NEW YORK CITY FALSE CLAIMS ACT Administrative Code 7-801 through 7-810 * 7-801. Short title. This chapter shall be known as the "New York city false claims act." 7-802. Definitions. For purposes of this
Romania Gheorghe Buta and Nicolae Viorel Dinu Muşat & Asociaţii www.practicallaw.com/6-502-0226 Main dispute resolution methods 1. What are the main dispute resolution methods used in your jurisdiction
An Enhanced European Patent System The Select Committee The Preparatory Committee An Enhanced European Patent System In December 2012 the Council of the European Union and the European Parliament agreed
By Andrey Zelenin, Lidings Law Firm Debt collection in Russia Foreign companies doing business in Russia generally have several main options of dispute resolution to choose: (i) international commercial
Accounting and Related Services Arbitration Rules and Mediation Procedures Rules Amended and Effective February 1, 2015 Available online at adr.org/accounting Table of Contents Introduction.... 6 Standard
Yi Liu, Run Ming Law Office China s Legal System and Corporate Aircraft I. Chinese Regulatory Scheme relating to Aircraft Purchase, Finance & Leasing Import Approval - National Development and Reform Commission
Denmark europe Key points A new Danish Arbitration Act came into force on 1 July 2005. It is largely based on the UNCITRAL model law. The leading international commercial arbitration body in Denmark is
Enforcement of DIFC Courts Judgments and Orders within and outside the DIFC Ghada Qaisi Audi June Enforcement of DIFC Courts Judgments within the DIFC Enforcement of DIFC Courts judgments where the assets
Proposals for Reform of Civil Litigation Funding and Costs in England and Wales Consultation Paper Response of JUSTICE February 2011 Q 1 Do you agree that CFA success fees should no longer be recoverable
Briefing for the Legal Aid, Sentencing and Punishment of Offenders Bill Committee An interlocking package of reforms March 2012 Briefing for Members of the Legal Aid, Sentencing and Punishment of Offenders
22 00 11 33 Administered Arbitration Rules HONG KONG INTERNATIONAL ARBITRATION CENTRE ADMINISTERED ARBITRATION RULES Introduction These Rules have been adopted by the Council of the Hong Kong International
PERMANENT COURT OF ARBITRATION OPTIONAL RULES FOR ARBITRATING DISPUTES BETWEEN TWO STATES 39 OPTIONAL ARBITRATION RULES TWO STATES CONTENTS Introduction 43 Section I. Introductory Rules 45 Scope of Application
Sample Arbitration Clauses with Comments BRIEF DESCRIPTION Arbitrations are creatures of contract. Thus, the parties can shape an arbitration proceeding to a great extent in their arbitration agreements.
Australian Capital Territory Court Procedures Rules 2006 Subordinate Law SL2006-29 (in 3 volumes) Volume 1 contains chapter 1 to chapter 2, part 2.17 Volume 2 contains chapter 2, part 2.18 to chapter 4
In association with Unitary patent and Unified Patent Court: the proposed framework Rainer K Kuhnen Patents in Europe 2013/2014 Helping business compete in the global economy Unitary patent and Unified
PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney. Be it enacted by the People of the
China Graeme Johnston, Litong Chen, Chris Parker & Steve Kou Herbert Smith LLP Litigation 1 Court system What is the structure of the civil court system? There are four levels of court of general jurisdiction:
The following standard terms of business apply to all engagements accepted by Thompson Jenner LLP. All work carried out is subject to these terms except where changes are expressly agreed in writing. 1
THE POSSIBILITIES FOR PRIVATE ENFORCEMENT OF THE COMPETITION RULES IN THE NETHERLANDS A survey commissioned by the Dutch Ministry of Economic Affairs - EXECUTIVE SUMMARY - Amsterdam, 3 November 2005 Mr.
Knowledge Practical guide to competition damages claims in the UK Practical guide to competition damages claims in the UK Contents Reforms to damages litigation in the UK for infringements of competition
This text first appeared in the IAM magazine supplement Patents in Europe 2008 April 2008 Norway By Amund Brede Svendsen and Svein Ruud Johansen, Advokatfirmaet Grette, Oslo 1. What options are open to
Major UK Government Proposals on Reform of Litigation Costs and Funding Dr Christopher Hodges Head of the CMS Research programme on Civil Justice Systems Centre for Socio-Legal Studies University of Oxford
A guide to patent litigation Spain Freshfields Freshfields Bruckhaus Bruckhaus Deringer Deringer llp llp A guide to patent litigation in Spain a Spanish patent proceedings provide options and tools for
Present Situation of IP Disputes in Japan Feb 19, 2014 Chief Judge Toshiaki Iimura 1 1 IP High Court established -Apr.1.2005- l Appeal cases related to patent rights etc. from district courts nationwide
LAMB CHAMBERS SHORT FORM CFA for use BETWEEN SOLICITORS AND COUNSEL on or after 1 October 2013 in personal injuries and clinical negligence claims (This agreement is not suitable for claims for diffuse
THE RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS IN DENMARK by partner Anne Buhl Bjelke, Bech-Bruun 1. The Danish reservation regarding justice and home affairs in the EU In 1993 Denmark held a referendum
Will, trust and estate disputes Contents Types of claim Is the Will valid? Inheritance Act Claims Have you not been left sufficient financial provision following the death of a friend or relative? Promissory
Professional Indemnity Insurance (PII) Policy 2015/16 Lawcover Insurance Pty Limited ABN 15 095 082 509 Level 13, 383 Kent Street Sydney NSW 2000 DX 13013 Sydney Market Street Telephone: 1800 650 748 (02)
MEDIATION Texas Family Code 6.602. MEDIATION PROCEDURES. (a) On the written agreement of the parties or on the court's own motion, the court may refer a suit for dissolution of a marriage to mediation.
The American Bar Association Young Lawyers Division 2014 Spring Conference Pittsburgh, PA International Litigation: Access to Justice in Other Jurisdictions (CLE Lunch) Renaissance Pittsburgh Jimmy Stewart,
The Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 (S.I. 2009/273 (L.1)) As in force on 1 st April 2013 This document shows the Rules as amended by S.I. 2010/43, S.I. 2010/2653, S.I.
109 N. Palafox Street Telephone (850) 434-8904 Pensacola, Florida 32502 Fax (850) 434-8922 ATTORNEY CONSULTATION AND FEE CONTRACT FOR CONTINGENCY CASES THIS FEE CONTRACT FOR CONTINGENCY CASES ("Contract")
PATENT LITIGATION INSURANCE A study for the European Commission on the feasibility of possible insurance schemes against patent litigation risks APPENDICES TO THE FINAL REPORT June 26 CJA Consultants Ltd
AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA To amend the District of Columbia Procurement Practices Act of 1985 to make the District s false claims act consistent with federal law and thereby qualify
PLEASE NOTE: THIS POLICY WILL END EFFECTIVE NOVEMBER 10, 2013 AND WILL BE REPLACED BY THE INTERACTIVE RESOLUTION POLICY ON NOVEMBER 11, 2013. TOYOTA ASSOCIATE DISPUTE RESOLUTION ( T-ADR ): Summary Description
Understanding our Legal Process How to get the most out of your Invoice Finance facility Contents 1. Key Aims Page 3 2. Dispute Resolution Team Page 4 3. Key Stages in Dispute Resolution Pages 5-7 4. Costs
DEBT RECOVERY IN FRANCE Debt Recovery Agencies They are commercial structures which seek to recover debts. They are non-lawyers. This is an expensive method to recover debts. They are paid on a percentage
13.1 Efficient alternative dispute resolution (ADR) for intellectual property disputes More and more rights holders are recognizing the benefits of using private neutral mechanisms that allow parties to
In association with The proposed structure of the Unified Patent Court system in Europe Rainer K Kuhnen, KUHNEN & WACKER Intellectual Property Law Firm Patents in Europe 2015/2016 Helping business compete
A Practical Summary of the New Supreme Court Civil Rules for Clark Wilson LLP Insurance Clients by: Jennifer Loeb Clark Wilson LLP tel. 604.891.7766 firstname.lastname@example.org Edited by: Larry Munn Clark Wilson LLP
What Trustees Should Know About Florida s New Attorneys Fee Statute By David P. Hathaway and David J. Akins Introduction More and more lawsuits are filed in Florida alleging that the trustee of a trust
TERMS & CONDITIONS OF BUSINESS 1. Introduction These terms and conditions explain the basis upon which we carry out work for you and charge for our services subject to any variations set out in our engagement
Patent Litigation in Germany An Introduction (I) By Prof. Dr. Heinz Goddar, Dr. jur. Carl-Richard Haarmann Prof. Dr. Heinz Goddar Senior Partner, Boehmert & Boehmert, Munich, and Honorary Professor for
STANDARD TERMS AND CONDITIONS FOR CLAIMANT EMPLOYMENT TRIBUNAL AND EMPLOYMENT APPEAL TRIBUNAL WORK TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL FOR CLAIMANT EMPLOYMENT
Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: General Principles 1.1 Introduction 1.1.1 Overview of civil litigation process 1.2 Introduction to the civil courts 1.2.1
Tariff and billing handbook 6. Costs and contributions Legal Aid Ontario Title: Tariff and Billing /Handbook Author: Lawyer Services & Payments Last updated: November 2012 Table of Contents 1. Introduction...1
South Australia Supreme Court Civil Supplementary Rules 2014 SCHEDULE 3 APPROVED FORMS Schedule 3 Approved Forms relate to Supreme Court Civil Supplementary Rules 2014, dated 2nd September 2014, that came
CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 12650. (a) This article shall be known and may be cited as the False Claims Act. (b) For purposes of this article: (1) "Claim" includes any
AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and