Court of appeal (Belgium)

Orea Update on Renewal of Montagne d'Or Concessions; French Supreme Court Sends Ruling Back to Court of Appeals

Retrieved on: 
Wednesday, November 22, 2023

VANCOUVER, BC, Nov. 22, 2023 /PRNewswire/ - Orea Mining Corp. ("Orea") (TSX: OREA) (OTCQB: OREAF) (FSE: 3CG) announces that the Supreme Court of France (Conseil d'État) has sent the ruling concerning the renewal of the Montagne d'Or mineral titles back to the Court of Appeals.

Key Points: 
  • VANCOUVER, BC, Nov. 22, 2023 /PRNewswire/ - Orea Mining Corp. ("Orea") (TSX: OREA) (OTCQB: OREAF) (FSE: 3CG) announces that the Supreme Court of France (Conseil d'État) has sent the ruling concerning the renewal of the Montagne d'Or mineral titles back to the Court of Appeals.
  • Orea and its legal advisors remain confident of a positive outcome for Orea and its shareholders, however the timeline of a conclusive ruling cannot be reasonably predicted.
  • In October 2021, Orea announced that the government exercised its right to request a final appeal to the Supreme Court of France.
  • The request was admitted in October 2022, and the Supreme Court made a recent ruling as outlined above.

Court of Appeal rules ICO acted lawfully in subject access request complaint litigation

Retrieved on: 
Monday, October 16, 2023

The UK Information Commissioner has welcomed the Court of Appeal’s ruling on a long-running court battle over a subject access request complaint.

Key Points: 
  • The UK Information Commissioner has welcomed the Court of Appeal’s ruling on a long-running court battle over a subject access request complaint.
  • In a judgment published today, the court upheld an earlier High Court decision by Mr Justice Mostyn to dismiss a claim by Mr Ben Delo that the ICO had unlawfully failed to determine his complaint about a subject access request he had made to Wise Payments Limited.
  • The case raised important questions about how far the ICO has to go in investigating and reaching a decision on the merits of every complaint.
  • The ICO also welcomes the court’s decision that the ICO acted lawfully in deciding the outcome of Mr Delo’s complaint.

Greenberg Traurig Successful in Establishing Jurisdiction for Crane Bank and its Shareholders in the Court of Appeal

Retrieved on: 
Tuesday, August 15, 2023

LONDON, Aug. 15, 2023 /PRNewswire-PRWeb/ -- A long-running lawsuit involving claims exceeding US $200 million, relating to a Ugandan bank, will be heard by the English courts following a victory for Crane Bank and its shareholders in the Court of Appeal. (CA-2022-002042)

Key Points: 
  • A long-running lawsuit involving claims exceeding US$200 million, relating to a Ugandan bank, will be heard by the English courts following a victory for Crane Bank and its shareholders in the Court of Appeal.
  • LONDON, Aug. 15, 2023 /PRNewswire-PRWeb/ -- A long-running lawsuit involving claims exceeding US $200 million, relating to a Ugandan bank, will be heard by the English courts following a victory for Crane Bank and its shareholders in the Court of Appeal.
  • The ruling from the Court of Appeal found that Crane Bank and its shareholders' claims are not barred by the foreign act of state doctrine.
  • The team instructed Lord David Pannick KC of Blackstone Chambers and Hannah Brown KC, David Caplan, and Ben Lewy of One Essex Court.

The Post Office scandal is possibly the largest miscarriage of justice in UK history – and it's not over yet

Retrieved on: 
Wednesday, August 9, 2023

The Post Office scandal involves miscarriages of justice involving hundreds of innocent people who were wrongly convicted of theft, fraud and false accounting.

Key Points: 
  • The Post Office scandal involves miscarriages of justice involving hundreds of innocent people who were wrongly convicted of theft, fraud and false accounting.
  • It has been going on for over 20 years, with the Post Office accused of a cover up after it repeatedly failed to disclose key evidence.

Horizon

    • The Post Office used Horizon evidence to take punitive action against subpostmasters and employees, including suspensions, termination of contracts and criminal prosecutions.
    • As problems with Horizon began to emerge, rather than admit them, the Post Office defended its IT system, doubling down and holding the line that Horizon was “robust”.
    • Requests for information about the reliability of Horizon by subpostmasters facing criminal prosecution were denied by Post Office lawyers.

Disclosure failings

    • The Court of Appeal’s judgment in 2021 built on findings in a High Court case in 2019, where the failings of Horizon were exposed.
    • Disclosure failings persisted throughout the criminal prosecutions, during the High Court case and during the criminal appeals.
    • Recent developments at the long fought-for Post Office Horizon IT inquiry reveal the Post Office’s ongoing difficulties with disclosure.
    • Inquiry Chair, Sir Wynn Williams, has recently referred to the Post Office’s “grossly unsatisfactory disclosure failings”, and further requests for documents from the Post Office will now be made under threat of criminal sanction for non-compliance.
    • Disclosure failings continue and the provision of compensation to subpostmasters has been unduly slow.

Justice served in secret is a dangerous precedent: Quebec criminal court system under spotlight for holding 'phantom trial'

Retrieved on: 
Tuesday, June 13, 2023

Further, there was also no information available about the date or location of the trial or details on the charges.

Key Points: 
  • Further, there was also no information available about the date or location of the trial or details on the charges.
  • In March 2022, media organizations across the province issued an open letter expressing their "indignation" and "deep concern" with the secret trial.
  • "The open court principle was egregiously violated here, undermines public confidence in the integrity of the court system, creating suspicion and rendering public oversight of what happened behind closed doors impossible."
  • In response to the news, Quebec's justice minister, Simon Jolin-Barrette , said he had held discussions with the Superior Court and the Quebec court and that secret trials would not happen again.

Australians should be wary of scare stories comparing the Voice with New Zealand’s Waitangi Tribunal

Retrieved on: 
Monday, May 1, 2023

As the debate around the Voice to Parliament ramps up, we can probably expect similar claims to be made ahead of this year’s referendum.

Key Points: 
  • As the debate around the Voice to Parliament ramps up, we can probably expect similar claims to be made ahead of this year’s referendum.
  • But the issue is so important to Australia’s future that such misinformation should not go unchallenged.
  • The Waitangi Tribunal was originally established as a commission of inquiry in 1975, given the power only to make recommendations to government.

Deceptive and wrong

    • Titled “The New Zealand Māori voice to Parliament and what we can expect from Australia”, it was written by the director of the institute’s legal rights program, John Storey.
    • Read more:
      What Australia could learn from New Zealand about Indigenous representation

      The last of the statements is deceptive and the others are completely wrong.

    • The Waitangi Tribunal’s jurisdiction was largely set in stone by the New Zealand parliament in 1975 when it was established.

Historic grievances

    • In 1992 a major settlement of fishing claims began an era of negotiation and settlement of these claims, quite separate from the tribunal itself.
    • With the majority of significant historic claims now settled or in negotiation, that aspect of the tribunal’s work is coming to an end.
    • In 1993, it lost the power to make recommendations involving private land – that is, land not owned by the Crown.

Wide political support

    • The Waitangi Tribunal investigates claims that the Crown has acted contrary to the “principles of the Treaty”.
    • The Waitangi Tribunal establishes what those principles are, but they are binding on neither the courts nor parliament.
    • The Waitangi Tribunal will remain a permanent commission of inquiry because there is wide political support for its work.
    • Nor can be it held solely responsible for increasing Māori assertiveness or political engagement with government, even if this was in any way a bad thing.

Manatt Enhances National Litigation and Appellate Capabilities With Preeminent Trial Lawyers in Boston

Retrieved on: 
Monday, May 1, 2023

“Joan and Marty are two incredibly respected and well-known lawyers throughout the complex civil, commercial and criminal litigation landscapes, both in Boston and nationwide,” said Donna L. Wilson , Manatt’s CEO and Managing Partner.

Key Points: 
  • “Joan and Marty are two incredibly respected and well-known lawyers throughout the complex civil, commercial and criminal litigation landscapes, both in Boston and nationwide,” said Donna L. Wilson , Manatt’s CEO and Managing Partner.
  • Lukey and Murphy regularly serve in leadership roles for associations and foundations aimed at legal excellence in Boston and across the nation.
  • Both are active members of the American College of Trial Lawyers, with Lukey having served as the first woman to be elected president and is also currently president of the American College of Trial Lawyers Foundation.
  • At their prior firms, they also held leadership roles with Lukey as co-chair of her previous firm’s Complex Trial and Appellate Litigation practice and Murphy as co-chair of his previous firm’s Litigation Department.

How can a French protester be arrested under British terrorism laws in London? The alarming 'schedule 7' power explained

Retrieved on: 
Friday, April 21, 2023

The arrest and charging of a French publisher as he arrived in London has raised serious questions about the use and abuse of power in the UK.

Key Points: 
  • The arrest and charging of a French publisher as he arrived in London has raised serious questions about the use and abuse of power in the UK.
  • Moret was stopped under schedule 7 of the Terrorism Act 2000, one of the most controversial counter-terrorist powers in the UK.

What is schedule 7?

    • In contrast, ordinary powers of arrest or stop and search do require that police have reasonable suspicion first before they exercise these powers.
    • If you are stopped under schedule 7, you must comply with an examination, which includes handing over documents and any other information requested.
    • It would not be lawful to use it to stop someone for another type of crime, say, possessing drugs or trespassing.

What is terrorism?

    • It would be perverse to say a bomb that killed people was a terrorist attack but the bomb that only damaged a building was not.
    • In other words, damage doesn’t have to be inflicted using bombs or firearms to amount to terrorism.
    • What about cutting off the head of a statue in protest at the UK’s public institutions’ failure to grapple with its slave-trading legacy?
    • Most people would probably think that we know terrorism when we see it but trying to legally define terrorism is notoriously difficult.

Freedom of expression

    • In 2013 David Miranda, husband of journalist Glenn Greenwald, was detained at Heathrow airport carrying files related to information obtained by US whistleblower Edward Snowden.
    • While the Court of Appeal did find that he had been lawfully detained, it also found that schedule 7 failed to adequately protect journalists’ right to freedom of expression under the European Convention on Human Rights.
    • However, this seems not to have been sufficient to protect Moret from being detained and then arrested for non-compliance with schedule 7.
    • While certain elements of the protests in France have turned violent, protest is, nevertheless, fundamental to a democracy.

King & Spalding Adds Global Investigations Partner Olivia Radin in New York

Retrieved on: 
Wednesday, January 18, 2023

NEW YORK, Jan. 18, 2023 /PRNewswire/ -- King & Spalding announced today that Olivia Radin has joined the firm as a partner on its Special Matters and Government Investigations team.

Key Points: 
  • NEW YORK, Jan. 18, 2023 /PRNewswire/ -- King & Spalding announced today that Olivia Radin has joined the firm as a partner on its Special Matters and Government Investigations team.
  • "Olivia is a world-class lawyer, builder and leader who expands and deepens our global investigations and disputes capabilities," said Mark Jensen, leader of the firm's Special Matters and Government Investigations team.
  • Radin joins the firm from Freshfields, where she was managing partner of the New York office and a member of its global board.
  • "The impressive trajectory of King & Spalding, its government investigations team and its New York office, as well as its culture of collaboration and high performance, will help expand the ways I can serve clients with their investigations and disputes," said Radin.

RUSSELLS: ART COLLECTOR'S SUCCESSFUL APPEAL AGAINST DIGITAL AUCTION PLATFORM IS A LANDMARK MOMENT FOR BRITISH CONSUMERS

Retrieved on: 
Monday, November 14, 2022

After the Court of Appeal granted Soleymani permission to appeal in July 2022, the art collector received a favourable ruling on 6 October, which impacts every British internet user purchasing goods online under UK consumer laws.

Key Points: 
  • After the Court of Appeal granted Soleymani permission to appeal in July 2022, the art collector received a favourable ruling on 6 October, which impacts every British internet user purchasing goods online under UK consumer laws.
  • The decision is ground-breaking, protecting consumers from the imposition of automatic foreign arbitration when they want to dispute an online transaction, which happened when Soleymani disputed an online auction on Nifty Gateway and the New York-based platform began arbitral proceedings in New York.
  • The disputed auction happened in May 2021 over Beeple's Abundance, an NFT that Ethereum's co-founder Taylor Gerring purchased for $1.2m on Nifty Gateway.
  • Soleymani's legal counsel says, "The case Mr Soleymani is seeking to make has broad implications for all consumers using the internet in general in this jurisdiction.