The Lex’s Post

The Lex - Law Notes EQUITABLE DOCTRINE OF LACHES Discuss the equitable doctrine of laches, examine its role in limiting legal actions due to unreasonable delays, and explore its application in various legal contexts. https://lnkd.in/eRSQWzAD #law #lawnotes #notes #lawstudent

UK Government Potential Law Changes for Litigation Funding Agreement LFAs Post PACCAR- Deferred by 1Y+ to Summer 2025/2026... Potentially disastrous delay ahead for potential law changes needed to stabilize the UK litigation funding market, particularly for competition law class action cases... House of Lords (HoL) question 29 July 2024 from: Lord Sandhurst (aka Guy Mansfield KC) Excepted Hereditary Peer [- i.e. to be removed from HoL by the Government's proposed HoL reforms] to His "Majesty's Government..." "Whether they plan to reintroduce the Litigation Funding Agreements (Enforceability) Bill, originally introduced in the last Parliament, [see: https://lnkd.in/gz3peybP , but not completed due to Sunak's early general election call and early end of that parliamentary session] and if not, what steps they plan to take to mitigate the impact on third party litigation funding of the judgment in [PACCAR Inc] v Competition Tribunal and others, [2023] UKSC 28 [see: https://lnkd.in/gM9egYuV ]..." Written answer 1 August 2024 from: Lord Ponsonby of Shulbrede, Parliamentary Under-Secretary of State for Justice: "The Government recognises the critical role third-party litigation funding plays in ensuring access to justice..." "Following the PACCAR judgment, concerns have been raised about the need for greater regulation of Litigation Funding Agreements [LFAs] or greater safeguards for claimants..." "The Government is keen to ensure access to justice in large-scale and expensive cases, whilst also setting up adequate safeguards to protect claimants from unfair terms [e.g. where litigation funders and/ or funded lawyers could receive excess returns at the expense of claimants, and also perhaps re: management of potential conflicts of interest across different litigation funder cases]..." "The Civil Justice Council is considering these questions and others in its review of third-party litigation funding, and HOPES TO REPORT IN SUMMER 2025 [but could be even later than that, and with subsequent government timetable delays on top!]..." "The Government will take a more comprehensive view of any legislation to address issues in the round ONCE THAT [CJC] REVIEW IS CONCLUDED..." Arguably this uncertainty period time gap will add extra risk and so higher required return for litigation funders, and may make some existing and marginal new case prospects currently unfundable, thus potentially damaging ceteris paribus UK justice delivery...

As the Ministry of Justice gears up to introduce a new law on litigation funding, it's a pivotal moment for the legal landscape. ⚖️💬 After reading the article, we are prompted to wonder what other aspects of the Law are limited in accessibility to justice and the equitable distribution of legal resources. Looking ahead, it'll be fascinating to witness how courts navigate and interpret these shifts. What's your perspective on this evolving legal terrain? #LitigationFunding #LegalReform https://lnkd.in/gmTxwubP

Leslie Berkoff's article "Supreme Court Decides Who Determines the Question of Arbitrability When Contracts Conflict" was published in a recent issue of the American Bar Association's Business Law Today. Read here: https://lnkd.in/e4VaY-hs #arbitration #adr #mediation

Is New York’s Commercial Division Right for My Case? Read this article by Kevin V. Small, Joe Saltarelli, and Charlotte L. published in New York Law Journal. This series of #CommercialLitigation articles will explain the fundamentals of Commercial Division practice. Part I addresses the key advantages of the Commercial Division and how to commence a case there. https://ow.ly/W3PQ50RbkGb #insurancelaw

The ability to read and comprehend legal judgments is a fundamental skill for law students. Law judgments are rich repositories of legal reasoning, precedent, and the application of statutes. https://lnkd.in/eD-XVUQE

In short, video Wills are not deemed legally valid under South African law. For a Will to be valid and accepted by the Master of the High Court, it must comply with the requirements as set out in section 2 of the Wills Act 7 of 1953. These requirements include: 1. The Will must be signed on the last page by the Testator/Testatrix. If the person is unable to sign, they may make a “mark” or use a thumbprint. In such cases, however, a Commissioner of Oaths must be present to verify the “mark” of the Testator/Testatrix. 2. If the Will consists of more than one page, each and every page must be signed by the Testator/Testatrix, and which signature is made in the presence of two or more competent witnesses, who cannot be beneficiaries in terms of the Will. 3. Both witnesses must attest to and sign the Will in the presence of the Testator/Testatrix and each other. Where the Will is signed by means of a “mark”, it must also be signed by all parties in the presence of the Commissioner of Oaths. It is therefore of paramount importance that you ensure that you not only have a written will in place, but that it complies with all statutory requirements. Contact us at estates@stbb.co.za for assistance in drafting your Will. #lawfirm #legalservices #lawfirms #associate #lawfirmlife #corporatelaw #taxlaw #lawyerlifestyle #lawyered #willsandtrusts #willsweek #southafricanlaw #legalhelp #commerciallaw #successinbusiness #stbb #thebigsmallfirm #southafricanlawfirm #southafricanlawfirms #law #lawyer #lawyers #willsandtrusts #videowill

Tomorrow marks the return of The Annual Property Law Conference 2024. Join us as we bring together a panel of legal experts, practitioners, and thought leaders for an enriching experience. Gain valuable insights and network with peers from across the industry. Don’t miss out! Book now: In person: https://lnkd.in/gRngX3sr Online: https://lnkd.in/gS_M6-ta  #PropertyLaw #LegalInsights #NetworkingOpportunity

#LawyersofLinkedIn, In this Middlesex Law Association (MLA) seminar, Sean Miller and Samantha Gordon provide a detailed examination of Anti-SLAPP (Strategic Lawsuit Against Public Participation) proceedings and Partial Settlement Agreements. Sean Miller provides strategies for defending against SLAPP actions, emphasizing their role in limiting free speech on matters of public interest. He breaks down the legal tests involved, covering the threshold burden, merits-based hurdle, and public interest hurdle. Sean Miller presents statistics on motions and appeals, notes that Anti-SLAPP motions are often costly, and addresses the significant judicial discretion in determining what constitutes a matter of public interest. Samantha Gordon discusses partial settlement agreements, and the obligation of immediate disclosure in multi-party litigation. She outlines the legal precedents that established this rule, and explains the aspects of Mary Carter and Pierringer Agreements. Samantha Gordon stresses the importance of prompt and forthright disclosure, explaining that failure to disclose immediately can result in a permanent stay of proceedings. The speaker underscores the need for immediate disclosure of both the existence and relevant terms of settlement agreements, and advises bringing a motion for directions if there is any uncertainty regarding the disclosure obligation. You can watch the full program on-demand at CPDonline.ca when you get a low cost subscription! Save 50% on your 2024 CPD when you enter the code '2YEAROFF'! https://lnkd.in/eexeTriQ #Law #lawstudents #lawyers #lawfirmmarketing #lawyerlife #lawyering #lawsuits #lawandlegislation #legalissues #legalprofession #paralegals

As noted, last week, after a decade of discussion, the Judicial Conference voted to study litigation funding and consider disclosure rules changes to the Federal Rules of Civil Procedure. The Europeans, of course, have lapped us---Meanwhile, the European Law Institute published a comprehensive and thoughtful 103-page report titled "Principles Governing the Third Party Funding of Litigation (TPFL)," which seeks to objectively analyze and discuss the large and growing industry, and propose reasonable, modest measures to ensure the balance between access to capital and ethical fairness, among other things, is met. It's descriptive and thoughtful, and well worth the read. https://lnkd.in/epg9dRgf