Not exact matches
timely responses to communications by email and telephone timely production of documents especially medical counsel for plaintiffs advising their clients
about early settlement and realistic expectations counsel for
defendants advising their clients to attend mediations with sufficient settlement authority expertise in a particular area of law posturing and egotism on both sides claims for punitive damages where none are warranted under law preparation for significant events such as examinations for discovery and motions accountability for the consequences of steps taken or delayed unnecessary or defensive crossclaims and third party claims by
defence counsel regional differences (some local bars are more collegial than others)
He recently acted for a well - known independent school in its successful
defence of a disability discrimination claim by a former pupil in the First - Tier Tribunal, and he acted for the successful
defendant in Oldbury Academy v Sandwell MBC (High Court, 2013), a dispute
about a local authority's funding obligations towards a school that had become an academy.
I see there is a recent 304 paragraph decision in B.C. — Newman et al v. Halstead et al, 2006 BCSC 65 — in which the court awarded damages totalling $ 681,000 against an individual
defendant (who did not appear at the trial, hence there was no
defence per se) for her liability in making defamatory statements on her website, chat rooms and email
about various teachers in which she made allegations of misconduct and allegations that the School Board mishandled or covered up this activity.
This applies both where that advice is limited in time, eg until after a criminal
defence statement has been filed and served and, worse still, the advice is given not to make such a response at all; • (f) the date on which a party to care proceedings is to file and serve a criminal
defence statement in linked criminal proceedings is wholly irrelevant to the court's determination of the date on which that party should file and serve a response to threshold and / or to file and serve a narrative statement in the care proceedings; • (g) the mere fact that a party is ordered to file and serve a response to threshold and / or to file and serve a narrative statement before the date a criminal
defence statement is to be filed and served in criminal proceedings is not a ground for failing to comply with the former order; • (h) it [is not] a ground for an application to extend the time for compliance with an order to file and serve a response to threshold and / or to file and serve a narrative statement until a date after the criminal
defence statement has been filed and served; and • (i) any issue
about alleged prejudice to a
defendant in criminal proceedings based on him being required to file and serve a response to threshold and / or to file and serve a narrative statement before the date of a criminal
defence statement is to be filed and served, or at all, only arises and is only potentially relevant if and when an application is made by the police and / or a co-accused for statements and documents filed in the family proceedings to be disclosed into linked criminal proceedings [see Re C (A Minor)(Care Proceedings: Disclosure)[1997] Fam 76, [1997] 2 WLR 322, sub nom Re EC (Disclosure of Material)[1996] 2 FLR 725, CA].
Further to my previous posts
about Independent Medical Exams in BC Supreme Court Injury Claims unpublished reasons for judgement recently came to my attention (Hou v. Kirmani BCSC Vancouver Registry, 20091119) dealing with the ability for a
Defendant to have an injured party undergo multiple exams where the first
defence expert feels an opinion from a second expert would be of benefit.
That
defence provides that, even if the statements made or comments published defame the Plaintiff, if the matter communicated
about is of public interest and the
defendant acted responsibly with proper diligence, defamatory statements will not attract liability.
Parties are referred to as «plaintiffs» or «claimants» and «
defendants» or «respondents»; to describe each party's point of view, we talk
about «claims» and «
defences».
For most potential
defendants, class actions
defence isn't primarily
about the law.