This paper provides an insight into the recent landmark decision of the Caribbean Court of Justice in Shanique Myrie v The State of Barbados [2013] CCJ 3 (OJ) and a comparative analysis on previous case law of the Court with regard to its test for damages.
Comment on Rudisa Beverages & Juices n.v. Caribbean International Distributor...Liam Nabbal
This essay seeks to analyse the judgment delivered by the Caribbean Court of Justice in the recent case Rudisa Beverages & Juices v Guyana [2014] CCJ 1 (OJ).
The document discusses issues relating to taxation and quantitative restrictions under the Revised Treaty of Chaguaramas (RTC).
It first addresses a 10% charge imposed on tamarind balls in St. Katts, summarizing that the charge is indirectly discriminatory and in breach of Article 90 of the RTC as it protects domestic products. It also discusses a requirement for certificates of origin on imports to St. Katts, finding it to be a measure of equivalent effect to a quantitative restriction in breach of Article 91 of the RTC.
The second part of the document addresses a 20% tax imposed by Barbarous on fruit wine, mainly imported from Trini. The summary concludes that the tax is likely indirectly discriminatory
MUNICIPAL TENDER AWARDS AND INTERNAL APPEALS BY UNSUCCESSFULRaymond Esau
The document discusses several cases related to objections, complaints, and appeals by unsuccessful bidders in South African municipal tender processes. It summarizes key principles from cases such as Groenewald v M5 Developments, which found that unsuccessful bidders have a right to appeal under Section 62 of the Municipal Systems Act. However, the appeal authority cannot revisit all tenders or award a tender to a bidder who did not appeal. The document also discusses differences between Section 62 appeals and objections/complaints processes under Regulations 49 and 50, noting Section 62 establishes an internal remedy while objections/complaints do not.
Objective Criteria used to evaluate and award bids R EsauRaymond Esau
The document discusses the objective criteria that can be used to evaluate and award bids/tenders according to South African law. It summarizes several key court cases that have helped define what constitutes objective criteria for deviating from awarding a tender to the highest scoring bidder. The cases establish that objective criteria must be additional to the preferential procurement criteria of race, gender, and disability advancement. Functionality has been both included and excluded as an objective criterion.
This case summary addresses two cases:
1) Pepsi-Cola vs Mun. of Tanauan - The Supreme Court upheld two municipal ordinances levying taxes on soft drinks. It found the ordinances did not constitute double taxation and were within the municipality's taxing powers granted by the Local Autonomy Act.
2) CIR vs. Algue Inc. - The Supreme Court allowed a company to deduct promotional fees paid to family members as a legitimate business expense, finding the fees were reasonable and necessary for services rendered to create a new company.
The Consumer Protection Act was enacted in 1986 and establishes consumer protection councils at the district, state, and national levels to settle consumer disputes in a timely manner. It defines a consumer as someone who buys goods or services for personal use. The Act seeks to promote consumer rights like protection from defective goods, full information about products, and access to goods at fair prices. It allows consumers to file complaints with the appropriate district, state, or national forum based on the monetary value of the complaint. If a complaint is found to be valid, the forums can offer remedies like replacements, refunds, compensation, and penalties against companies for non-compliance.
Comment on Rudisa Beverages & Juices n.v. Caribbean International Distributor...Liam Nabbal
This essay seeks to analyse the judgment delivered by the Caribbean Court of Justice in the recent case Rudisa Beverages & Juices v Guyana [2014] CCJ 1 (OJ).
The document discusses issues relating to taxation and quantitative restrictions under the Revised Treaty of Chaguaramas (RTC).
It first addresses a 10% charge imposed on tamarind balls in St. Katts, summarizing that the charge is indirectly discriminatory and in breach of Article 90 of the RTC as it protects domestic products. It also discusses a requirement for certificates of origin on imports to St. Katts, finding it to be a measure of equivalent effect to a quantitative restriction in breach of Article 91 of the RTC.
The second part of the document addresses a 20% tax imposed by Barbarous on fruit wine, mainly imported from Trini. The summary concludes that the tax is likely indirectly discriminatory
MUNICIPAL TENDER AWARDS AND INTERNAL APPEALS BY UNSUCCESSFULRaymond Esau
The document discusses several cases related to objections, complaints, and appeals by unsuccessful bidders in South African municipal tender processes. It summarizes key principles from cases such as Groenewald v M5 Developments, which found that unsuccessful bidders have a right to appeal under Section 62 of the Municipal Systems Act. However, the appeal authority cannot revisit all tenders or award a tender to a bidder who did not appeal. The document also discusses differences between Section 62 appeals and objections/complaints processes under Regulations 49 and 50, noting Section 62 establishes an internal remedy while objections/complaints do not.
Objective Criteria used to evaluate and award bids R EsauRaymond Esau
The document discusses the objective criteria that can be used to evaluate and award bids/tenders according to South African law. It summarizes several key court cases that have helped define what constitutes objective criteria for deviating from awarding a tender to the highest scoring bidder. The cases establish that objective criteria must be additional to the preferential procurement criteria of race, gender, and disability advancement. Functionality has been both included and excluded as an objective criterion.
This case summary addresses two cases:
1) Pepsi-Cola vs Mun. of Tanauan - The Supreme Court upheld two municipal ordinances levying taxes on soft drinks. It found the ordinances did not constitute double taxation and were within the municipality's taxing powers granted by the Local Autonomy Act.
2) CIR vs. Algue Inc. - The Supreme Court allowed a company to deduct promotional fees paid to family members as a legitimate business expense, finding the fees were reasonable and necessary for services rendered to create a new company.
The Consumer Protection Act was enacted in 1986 and establishes consumer protection councils at the district, state, and national levels to settle consumer disputes in a timely manner. It defines a consumer as someone who buys goods or services for personal use. The Act seeks to promote consumer rights like protection from defective goods, full information about products, and access to goods at fair prices. It allows consumers to file complaints with the appropriate district, state, or national forum based on the monetary value of the complaint. If a complaint is found to be valid, the forums can offer remedies like replacements, refunds, compensation, and penalties against companies for non-compliance.
This decree provides regulations for implementing Vietnam's Law on Personal Income Tax. It defines key terms like resident and non-resident individuals, and outlines different types of taxable income such as income from business activities, employment, capital investments, transfers, winnings, royalties, franchises, inheritances and gifts. It also specifies types of income that are exempt from tax, such as income from agricultural production, scholarships, pensions, and some property transfers between relatives. The decree provides guidance on calculating taxable business income and salaries, allowable deductions, and procedures for tax reductions.
This document provides 30 multiple choice questions and answers related to a law 421 final exam. It covers topics like mediation, arbitration, jurisprudence, commerce clause, tort law, contracts, UCC, moral philosophy, fraud, and Sarbanes-Oxley Act. It is intended to help students study for and prepare to take their law 421 final exam.
The Queen's speech outlined the UK government's legislative agenda, including three key bills related to Brexit - the Repeal Bill, Trade Bill, and Customs Bill. The Repeal Bill will repeal the European Communities Act and convert EU law into domestic UK law. The Trade Bill will enable the UK to independently negotiate trade deals after leaving the EU. And the Customs Bill will establish a new UK customs regime and duties once outside the EU customs union.
Two recent tax cases were also summarized. HMRC lost an appeal regarding VAT exemption on financial services provided by Coinstar coin-counting kiosks. And HMRC won an appeal where construction works were ruled to be alterations to an existing building, not eligible for zero
This document provides summaries of three indirect tax cases:
1) The Kreuzmayr GmbH case denied a taxpayer the right to reclaim VAT that was incorrectly charged by its supplier who later went insolvent. The CJEU ruled that the right to recover VAT only applies to VAT that was correctly charged.
2) In the Hammonds of Knutsford PLC case, the Court of Appeal ruled that failure to make goods available for HMRC inspection, as required by regulations, meant the taxpayer was not entitled to an excise duty drawback. The inspection requirement was deemed a substantive condition.
3) The Hastings Insurance Services Ltd case determined that supplies made by a UK company to a customer in Gibraltar took place
The document summarizes several new laws taking effect in Virginia on July 1st that are relevant for realtors. Key laws include exempting out-of-state commercial licensees from needing a Virginia license for certain activities, requiring criminal background checks for new real estate license applicants, making it a crime to intentionally misstate a property's sale price, and clarifying rights regarding property owner associations and alternative septic systems. The document provides details on each new law.
Online Enforcement of IP Rights by Injunctions Against ISPs: The English Cour...Victoria Sievers
The English Court of Appeal upheld a lower court ruling granting trademark owners the ability to seek injunctions against internet service providers (ISPs) to block customer access to websites infringing on trademarks. The Court of Appeal agreed the lower court had jurisdiction and affirmed the threshold conditions and principles to apply in deciding whether to grant such injunctions. While the costs of implementing blocking orders remains a key factor in assessing proportionality, the courts found ISPs could be required to bear implementation costs, though future cases may reach different conclusions on cost apportionment. The decision allows trademark owners to continue seeking this form of injunction against ISPs in England.
The document provides 30 multiple choice questions that appear to be from a law exam related to various legal topics including contracts, torts, intellectual property, business organizations, and ethics. It tests understanding of concepts like mediation, jurisdiction, preemption, assumption of risk, trademarks, patents, contracts formation and discharge, UCC sales, warranties, Ponzi schemes, and the Sarbanes-Oxley Act.
The document discusses key aspects of the Consumer Protection Act 1986 and Information Technology Act 2000 in India.
The Consumer Protection Act was enacted to better protect consumer interests and established consumer dispute redressal agencies at district, state and national levels to address complaints. It defines terms like complaint, consumer and defect. The Information Technology Act provides legal recognition to electronic communications and records. It recognizes digital signatures authenticated by Certifying Authorities and aims to facilitate e-governance.
CONSUMER PROTECTION (AMENDMENT) ACT, 1986CHARAK RAY
This document provides an overview of the Consumer Protection Act of 1986 in India, including amendments. It discusses key definitions such as what constitutes a complaint, consumer, defect, deficiency, service, and hazardous goods. It outlines the consumer dispute redressal agencies and their jurisdictions. It also summarizes procedures for filing complaints, powers of forums, types of relief that can be provided, appeals process, dismissal of frivolous complaints, penalties, and some case laws related to the act.
This document summarizes recent tax law amendments in Zimbabwe. It discusses changes to provisions around related party expenditures, permanent establishments, taxable income attributable to PEs, capital gains tax, classification of goods, and reporting of unprofessional conduct. Key points include broadening the capital gains tax base, classifying goods based on tariff headings and chapter notes, and allowing the tax authority to report professionals for actions aimed at tax evasion.
The Board of Directors (BD) of the Competition Superintendence (CS) imposed fines to the telephone companies TELEMOVIL, TELEFONICA, DIGICEL, and INTELFON totaling US$1,215,497.94 for fixing the tariff of US$0.21 per minute plus VAT for every call originating in land telephony network and terminating in their mobile networks.
Bp settlement final_order_and_judgment_on_economic_class_settlementMichael J. Evans
This order grants final approval of the Economic and Property Damages Settlement Agreement relating to the 2010 Deepwater Horizon oil spill in the Gulf of Mexico. It confirms certification of the Economic Class for settlement purposes and confirms the appointments of class counsel, claims administrators, and trustees. The order finds that class notice was adequate, dismisses class members' related claims with prejudice, and retains jurisdiction to implement and enforce the settlement.
This document summarizes the proceedings of an arbitration hearing between Chevron Corporation, Texaco Petroleum Company, and the Republic of Ecuador. The hearing addressed the tribunal's jurisdiction over claims related to an arbitration between the US and Ecuador concerning an investment treaty. Counsel for the respondent argued that the tribunal does not have jurisdiction unless the claimants can demonstrate that a 1995 release agreement extends to claims by third parties related to oil extraction operations in Ecuador. The respondent's counsel asserted that the claimants had not met their burden of proof regarding the scope of the release.
The Supreme Court of Connecticut held that construction companies do not owe a duty of care to workers at a construction site who suffered purely economic losses, such as lost wages, due to an accident caused by the companies' alleged negligence. The Court examined four public policy factors and found that all four factors favored not recognizing a duty in this situation. Specifically, the Court found that the normal expectations of participants, the policy of encouraging industry participation while ensuring safety, avoiding increased litigation, and decisions from other jurisdictions all indicated a duty should not be owed for purely economic harm resulting from negligence.
The document discusses the expansion of competition law litigation in the EU and UK. It notes that follow-on damages claims after regulatory fines are common, but that stand-alone claims not relying on regulatory decisions also occur regularly. It provides examples of UK cases where companies have been awarded damages for competition law infringements. It also outlines reforms at the EU and UK level to further promote private competition litigation, such as by introducing presumptions of harm from cartel activity and an opt-out class action regime in the UK. The goal is to empower businesses and consumers to challenge anti-competitive behavior.
The Competition Act 2002 provides for prohibition of abuse of dominant position. However, the provisions of unfair trade practices earlier covered by the Monopolies and Restrictive Trade Practices Act, 1969,are not covered under the competition law. The apparent effect of the two being quite similar, there is a considerable possibility that a situation very close to unfair trade practices may be held to be an abuse of dominant position. The difference being very close, the article looks at the penalty handed out to DLF Ltd for abuse of dominant position from this perspective.
The Competition Act 2002 provides for prohibition of abuse of dominant position. However, the provisions of unfair trade practices earlier covered by the Monopolies and Restrictive Trade Practices Act, 1969,are not covered under the competition law. The apparent effect of the two being quite similar, there is a considerable possibility that a situation very close to unfair trade practices may be held to be an abuse of dominant position. The difference being very close, the article looks at the penalty handed out to DLF Ltd for abuse of dominant position from this perspective.
The document discusses penalties for competition law infringements in UK law. It outlines the key elements of the UK regime which include (1) turnover based penalties imposed by the Competition and Markets Authority, (2) criminal prosecution for cartel activity, (3) director disqualification, and (4) private enforcement. It then provides details on how each of these elements operates in the UK system and discusses some notable cases that have helped develop the case law around competition penalties in the UK.
Business Money talks to City barrister Professor Mark Watson-Gandy about sett...Sofiane Bounoua
With offices closed until recently due to Lockdown, many are now coming back to the unwelcome surprise that their piles of unopened post containing a default judgement entered against them.
This decree provides regulations for implementing Vietnam's Law on Personal Income Tax. It defines key terms like resident and non-resident individuals, and outlines different types of taxable income such as income from business activities, employment, capital investments, transfers, winnings, royalties, franchises, inheritances and gifts. It also specifies types of income that are exempt from tax, such as income from agricultural production, scholarships, pensions, and some property transfers between relatives. The decree provides guidance on calculating taxable business income and salaries, allowable deductions, and procedures for tax reductions.
This document provides 30 multiple choice questions and answers related to a law 421 final exam. It covers topics like mediation, arbitration, jurisprudence, commerce clause, tort law, contracts, UCC, moral philosophy, fraud, and Sarbanes-Oxley Act. It is intended to help students study for and prepare to take their law 421 final exam.
The Queen's speech outlined the UK government's legislative agenda, including three key bills related to Brexit - the Repeal Bill, Trade Bill, and Customs Bill. The Repeal Bill will repeal the European Communities Act and convert EU law into domestic UK law. The Trade Bill will enable the UK to independently negotiate trade deals after leaving the EU. And the Customs Bill will establish a new UK customs regime and duties once outside the EU customs union.
Two recent tax cases were also summarized. HMRC lost an appeal regarding VAT exemption on financial services provided by Coinstar coin-counting kiosks. And HMRC won an appeal where construction works were ruled to be alterations to an existing building, not eligible for zero
This document provides summaries of three indirect tax cases:
1) The Kreuzmayr GmbH case denied a taxpayer the right to reclaim VAT that was incorrectly charged by its supplier who later went insolvent. The CJEU ruled that the right to recover VAT only applies to VAT that was correctly charged.
2) In the Hammonds of Knutsford PLC case, the Court of Appeal ruled that failure to make goods available for HMRC inspection, as required by regulations, meant the taxpayer was not entitled to an excise duty drawback. The inspection requirement was deemed a substantive condition.
3) The Hastings Insurance Services Ltd case determined that supplies made by a UK company to a customer in Gibraltar took place
The document summarizes several new laws taking effect in Virginia on July 1st that are relevant for realtors. Key laws include exempting out-of-state commercial licensees from needing a Virginia license for certain activities, requiring criminal background checks for new real estate license applicants, making it a crime to intentionally misstate a property's sale price, and clarifying rights regarding property owner associations and alternative septic systems. The document provides details on each new law.
Online Enforcement of IP Rights by Injunctions Against ISPs: The English Cour...Victoria Sievers
The English Court of Appeal upheld a lower court ruling granting trademark owners the ability to seek injunctions against internet service providers (ISPs) to block customer access to websites infringing on trademarks. The Court of Appeal agreed the lower court had jurisdiction and affirmed the threshold conditions and principles to apply in deciding whether to grant such injunctions. While the costs of implementing blocking orders remains a key factor in assessing proportionality, the courts found ISPs could be required to bear implementation costs, though future cases may reach different conclusions on cost apportionment. The decision allows trademark owners to continue seeking this form of injunction against ISPs in England.
The document provides 30 multiple choice questions that appear to be from a law exam related to various legal topics including contracts, torts, intellectual property, business organizations, and ethics. It tests understanding of concepts like mediation, jurisdiction, preemption, assumption of risk, trademarks, patents, contracts formation and discharge, UCC sales, warranties, Ponzi schemes, and the Sarbanes-Oxley Act.
The document discusses key aspects of the Consumer Protection Act 1986 and Information Technology Act 2000 in India.
The Consumer Protection Act was enacted to better protect consumer interests and established consumer dispute redressal agencies at district, state and national levels to address complaints. It defines terms like complaint, consumer and defect. The Information Technology Act provides legal recognition to electronic communications and records. It recognizes digital signatures authenticated by Certifying Authorities and aims to facilitate e-governance.
CONSUMER PROTECTION (AMENDMENT) ACT, 1986CHARAK RAY
This document provides an overview of the Consumer Protection Act of 1986 in India, including amendments. It discusses key definitions such as what constitutes a complaint, consumer, defect, deficiency, service, and hazardous goods. It outlines the consumer dispute redressal agencies and their jurisdictions. It also summarizes procedures for filing complaints, powers of forums, types of relief that can be provided, appeals process, dismissal of frivolous complaints, penalties, and some case laws related to the act.
This document summarizes recent tax law amendments in Zimbabwe. It discusses changes to provisions around related party expenditures, permanent establishments, taxable income attributable to PEs, capital gains tax, classification of goods, and reporting of unprofessional conduct. Key points include broadening the capital gains tax base, classifying goods based on tariff headings and chapter notes, and allowing the tax authority to report professionals for actions aimed at tax evasion.
The Board of Directors (BD) of the Competition Superintendence (CS) imposed fines to the telephone companies TELEMOVIL, TELEFONICA, DIGICEL, and INTELFON totaling US$1,215,497.94 for fixing the tariff of US$0.21 per minute plus VAT for every call originating in land telephony network and terminating in their mobile networks.
Bp settlement final_order_and_judgment_on_economic_class_settlementMichael J. Evans
This order grants final approval of the Economic and Property Damages Settlement Agreement relating to the 2010 Deepwater Horizon oil spill in the Gulf of Mexico. It confirms certification of the Economic Class for settlement purposes and confirms the appointments of class counsel, claims administrators, and trustees. The order finds that class notice was adequate, dismisses class members' related claims with prejudice, and retains jurisdiction to implement and enforce the settlement.
This document summarizes the proceedings of an arbitration hearing between Chevron Corporation, Texaco Petroleum Company, and the Republic of Ecuador. The hearing addressed the tribunal's jurisdiction over claims related to an arbitration between the US and Ecuador concerning an investment treaty. Counsel for the respondent argued that the tribunal does not have jurisdiction unless the claimants can demonstrate that a 1995 release agreement extends to claims by third parties related to oil extraction operations in Ecuador. The respondent's counsel asserted that the claimants had not met their burden of proof regarding the scope of the release.
The Supreme Court of Connecticut held that construction companies do not owe a duty of care to workers at a construction site who suffered purely economic losses, such as lost wages, due to an accident caused by the companies' alleged negligence. The Court examined four public policy factors and found that all four factors favored not recognizing a duty in this situation. Specifically, the Court found that the normal expectations of participants, the policy of encouraging industry participation while ensuring safety, avoiding increased litigation, and decisions from other jurisdictions all indicated a duty should not be owed for purely economic harm resulting from negligence.
The document discusses the expansion of competition law litigation in the EU and UK. It notes that follow-on damages claims after regulatory fines are common, but that stand-alone claims not relying on regulatory decisions also occur regularly. It provides examples of UK cases where companies have been awarded damages for competition law infringements. It also outlines reforms at the EU and UK level to further promote private competition litigation, such as by introducing presumptions of harm from cartel activity and an opt-out class action regime in the UK. The goal is to empower businesses and consumers to challenge anti-competitive behavior.
The Competition Act 2002 provides for prohibition of abuse of dominant position. However, the provisions of unfair trade practices earlier covered by the Monopolies and Restrictive Trade Practices Act, 1969,are not covered under the competition law. The apparent effect of the two being quite similar, there is a considerable possibility that a situation very close to unfair trade practices may be held to be an abuse of dominant position. The difference being very close, the article looks at the penalty handed out to DLF Ltd for abuse of dominant position from this perspective.
The Competition Act 2002 provides for prohibition of abuse of dominant position. However, the provisions of unfair trade practices earlier covered by the Monopolies and Restrictive Trade Practices Act, 1969,are not covered under the competition law. The apparent effect of the two being quite similar, there is a considerable possibility that a situation very close to unfair trade practices may be held to be an abuse of dominant position. The difference being very close, the article looks at the penalty handed out to DLF Ltd for abuse of dominant position from this perspective.
The document discusses penalties for competition law infringements in UK law. It outlines the key elements of the UK regime which include (1) turnover based penalties imposed by the Competition and Markets Authority, (2) criminal prosecution for cartel activity, (3) director disqualification, and (4) private enforcement. It then provides details on how each of these elements operates in the UK system and discusses some notable cases that have helped develop the case law around competition penalties in the UK.
Business Money talks to City barrister Professor Mark Watson-Gandy about sett...Sofiane Bounoua
With offices closed until recently due to Lockdown, many are now coming back to the unwelcome surprise that their piles of unopened post containing a default judgement entered against them.
Kovacs v Queen Mary and Westfield CollegeJoe Sykes
This document summarizes a court ruling on whether employment tribunals should consider a party's means when deciding on costs orders. It discusses previous employment appeal tribunal rulings that suggested means should be considered. However, the most recent ruling in Beynon v Scadden found tribunals are not required to examine a party's means before making a costs order. The court here agrees with Beynon and finds that a party's restricted means are no bar to a costs order being made against them.
1. The petitioner challenged an order from the MRTP Commission that found it liable for special damages to be paid to the respondent for supplying defective cans.
2. The Commission found that the defective cans supplied by the petitioner resulted in the respondent's mushroom export supply to customers in the US being rejected.
3. While the Commission order determined liability for the defective cans, it did not adequately discuss the evidence regarding proving and quantifying the special damages claimed by the respondent.
UK Adjudicators Newsletter November 2021SeanGibbs12
The document summarizes two recent UK court cases related to construction payment adjudication.
1) In the first case, Quadro sought payment of £40k from Creagh for work under one contract. Creagh argued the adjudicator did not have jurisdiction because three separate invoices were referred, but the court found they constituted a single dispute over the total amount owed.
2) In the second case, CCCL sought £485k from Mincione following a final statement and adjudication decision. Mincione argued liquidated damages should offset this amount. The court found the adjudicator breached natural justice by not considering this defense, making the decision unenforceable.
1. The document provides a summary of recent legal cases and developments in various areas of technical claims, including costs, credit hire, causation, and liability.
2. Key cases discussed include one limiting costs in minor claims to the small claims track, another holding a credit hire company accountable for delays in authorizing vehicle repairs, and a Court of Appeal decision finding a local council did not owe visitors a duty of care at a horse fair.
3. Legislative developments covered include a bill to modernize third party rights against insurers and a proposed Consumer Insurance Bill that would update rules around misrepresentation in insurance contracts.
This document outlines a proposed class action settlement agreement between BP and plaintiffs regarding economic losses from the 2010 Deepwater Horizon oil spill. It defines the Economic and Property Damages Settlement Class eligible to make claims. The class includes individuals and businesses in Gulf Coast areas and waters affected by the spill. It establishes several categories for compensation, including programs for seafood industry losses, economic damages, subsistence losses, and damages to coastal real property and wetlands. The agreement is subject to court approval and allows class members who sign a release to receive prompt payment prior to final approval.
National union v. redbox order on msj august 7 2014 wd waSeth Row
This order addresses National Union Fire Insurance Company's motion for summary judgment regarding its duties to defend and indemnify Redbox Automated Retail in various lawsuits. The court grants in part and denies in part the motion. Specifically, the court finds that National Union has a duty to defend Redbox in the Cain lawsuit, which alleges violations of Michigan's video rental privacy law, but not in the Mehrens lawsuit, which alleges violations of California's credit card receipt law. The court also finds that while National Union may issue reservations of rights and set reasonable rate caps when defending insureds, it must do so reasonably and in good faith.
This Supreme Court of Canada case involves the interpretation of a release agreement between Mary Bailey and the City of Corner Brook. Bailey had been involved in a car accident where she struck a city employee, David Temple, who then sued Bailey. Bailey and the city entered into a settlement agreement and release regarding Bailey's separate lawsuit against the city. However, Bailey later filed a third-party claim against the city in Temple's lawsuit against her. The city argued the release barred this third-party claim. The court had to determine whether there was a special rule for interpreting releases and whether the application judge erred in his broad interpretation of the release to include Bailey's third-party claim.
Weather guard Tiling solutions (WTS) are involved in manufacturing, distributing and of Roof tiles. They also have to ensure smooth employee relations that are in accordance with the law. Nature of business of the company is to involve itself in a number of contractual agreements with employees, customers and logistic suppliers. The contracts are in the form of oral or written contracts. The company also should adhere to the proper duty of care and ensure there can be no claims of negligence (Beck, Demirgüç-Kunt, & Levine, 2003). Some cases are foreseeable events and some claims are not foreseeable they are many layers to make this determination according to contractual laws. Only certain aspects are considered to make a contractual law valid.
This document summarizes a recent ruling by the German Federal Supreme Court that clarified two issues regarding private antitrust enforcement in Germany. The ruling confirmed that indirect purchasers have standing to bring damages claims. It also allowed defendants to use a "pass-on defense" to argue that the claimant passed on some or all of the damages to subsequent purchasers in the supply chain. However, the document notes that the ruling raised new questions about burden of proof standards regarding the pass-on defense that will need to be addressed in future cases.
This document provides practical tips and guidance for appellate practice regarding supersedeas issues. It summarizes recent developments in case law surrounding how to calculate bond amounts required to suspend enforcement of a judgment pending appeal. Specifically, it discusses how courts have determined that attorney's fees are not considered compensatory damages or costs for purposes of calculating bond amounts. It also addresses issues around considering net worth affidavits of affiliated companies and whether consolidated or individual financial statements should be used.
February 2019 newsletter of UK Adjudicators.
MACOB 20 years on
NSW adjudication
Hong Kong adjudication
2019 Edinburgh Adjudication and Arbitration Conference
Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2019] EWCA Civ 27 (24 January 2019)
Similar to Shanique Myrie v Barbados- A Silver Lining? (20)
This document discusses various topics related to inflation including:
1. Definitions of inflation, real vs nominal GDP and interest rates, and different indices used to measure inflation like the GDP deflator, CPI, and PPI.
2. Causes of inflation including demand shocks, supply shocks, and increases in the money supply from a Keynesian and monetarist perspective.
3. Costs of inflation such as its impact on savers, wage-price spirals, arbitrary redistributions of income, and disruption to business planning.
An autocratic leadership style has two key advantages and disadvantages:
Advantages:
1) Decisions can be made quickly, especially in emergencies or crisis situations.
2) It limits arguments and allows employees to focus on their tasks, which can increase productivity.
Disadvantages:
1) It does not allow for two-way communication, which can lower motivation and isolation among workers.
2) It may result in poor quality decisions being made since it excludes staff input, despite them having knowledge of customers and market conditions.
MANAGEMENT OF BUSINESS Cape 2008 u1#3 mayLiam Nabbal
Four factors that influence effective teamwork are effective leadership, procedures for conflict resolution, encouragement, and commitment. Using a team approach in the workplace provides three main benefits: synergy which leads to more creativity and energy than individuals working alone, increased skills and knowledge as team members learn from each other, and flexibility as team members can adapt to changes in work demands.
Four major methods of communication between management and staff are noticeboards, staff meetings, video conferencing, and interviews. [1] Noticeboards allow for widespread distribution of information but lack feedback and can cause low morale. [2] Staff meetings allow for two-way communication and feedback but can be disrupted by noise. [3] Video conferencing allows communication across distances but reduces human contact. [4] Interviews facilitate understanding but can be time-consuming.
Four major causes of poor communication are physical noise, long chains of communication, use of jargon, and unclear messages.
1) Three principal barriers to good communication in an organization are: ambiguous messages, inappropriate medium used to disseminate information, and long channels of communication.
2) These barriers can be overcome by using clearer vocabulary, appropriate medium like PowerPoint for statistics, and keeping communication channels as short as possible.
3) Two important features of the formal communication network are that it follows the organizational structure and can be vertical or horizontal. Two features of the informal network are that it is not part of the structure but exists, and managers view it with suspicion as a means for gossip.
MANAGEMENT OF BUSINESS Cape '07 u1 p2 #1Liam Nabbal
Globalization refers to the free movement of labor, capital, and goods around the world and the growing integration of the world's economy. There are both positive and negative impacts of globalization on Caribbean businesses. Positively, it provides access to improved technologies, enlarges potential markets, and offers cheaper supplies of raw materials. However, it also increases competition from foreign firms and can create a technological divide if local businesses cannot keep up with advances. On balance, while globalization poses challenges, its benefits are likely greater for Caribbean businesses.
GEOGRAPHY UNIT 1 Module 3 natural events and hazards. section 1-natural event...Liam Nabbal
This document discusses natural hazards and disasters. It explains that a natural event is not a hazard unless it affects human beings. A hazardous event only becomes a natural disaster if it causes large numbers of deaths or property damage. While humans cannot control natural phenomena, human activities can increase the frequency and severity of natural hazards by removing natural protections like coral reefs or contributing to problems like desertification. The document provides examples of different types of natural hazards including atmospheric, seismic, geological, hydrologic, and volcanic events.
GEOGRAPHY UNIT 1 Module 3 natural events and hazards. section 5 response to ...Liam Nabbal
This document discusses natural hazards, focusing on hurricanes. It provides the following key points:
1) Hurricanes cause significant damage and loss of life in the Caribbean and Central America. Improved warning systems and preparation have dramatically reduced hurricane deaths over time.
2) Assessing hurricane risk involves determining if an area is prone to hurricanes, studying past storms and land use, and considering future population changes.
3) Mitigation strategies include avoiding high-risk coastal and flood-prone areas, using building codes to strengthen structures, and preparing communities to respond to emergencies.
The document summarizes the layers of the Earth's interior and the tectonic recycling process. It states that layer A is the inner core, B is the outer core, C is the lithosphere, and D is the asthenosphere. It then describes the three main stages of the tectonic cycle: (1) new oceanic crust forms at constructive margins as plates diverge and magma rises to fill gaps, (2) oceanic crust is destroyed as it subducts under continental crust at destructive margins, releasing heat and converting the crust back into magma, (3) this recycling process maintains the size of the Earth over time.
The document discusses the major effects of dams, irrigation, urbanization, and deforestation on the hydrological cycle. Dams can increase evaporation and groundwater levels. Irrigation modifies natural hydrological processes by increasing runoff and evaporation from irrigated areas. Urbanization reduces infiltration and evapotranspiration, increasing surface runoff and flood peaks while decreasing groundwater levels. Deforestation decreases total runoff by increasing transpiration and interception, while also increasing flood runoff and peaks by reducing infiltration.
Rural settlements are influenced by three main factors:
1) Access to water supply, as a reliable source was essential for daily life. Settlements were located near water sources like rivers or aquifers.
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1. 1
“The Caribbean Court of Justice (CCJ) has developed a test for damages that is simply too
difficult for any claimant to satisfy. This is demonstrated by the fact that not one of the
original jurisdiction decisions until Myrie resulted in an award of damages. If the CCJ does
not change its approach, no claimant will deem it worthwhile to pursue remedies before the
Court in the future.”
Critically assess the above statement, being certain to compare the CCJ’s position with the
similar jurisprudence of the ECJ.
The Caribbean Court of Justice (CCJ) in Trinidad Cement Ltd and TCL Guyana Inc. v
Guyana1
developed a test for damages which was used in subsequent cases2
before the CCJ in its
original jurisdiction. In the Trinidad Cement case established that Member States can be liable to
private persons for any of its breaches under the Revised Treaty of Chaguaramas (RTC)3
. In
order to hold a Member State liable for breaches under the RTC, the CCJ set out three
requirements to be met. Firstly, the party needs to show that there was a conferred benefit on that
person for allegedly breached provision. Secondly, that breach had to be serious with substantial
loss. Thirdly, a causal link between the breach and the loss or damage to the person had to be
shown. At the outset, the CCJ said that this threshold for damages was a high one4
. However, not
one of the original jurisdiction cases before Shanique Myrie v Barbados5
resulted in an award of
damages. From an overview of the original jurisdiction cases of the CCJ one may conclude that
this test has been too difficult to satisfy. To explain this, some original jurisdiction decisions of
the CCJ will be examined such as TCL and TCL Guyana v Guyana6
, Trinidad Cement Limited v
CARICOM7
, Hummingbird Rice Mills v Suriname and CARICOM 8
, and the saga Shanique
Myrie v Barbados. This concept of state liability was borrowed from jurisprudence of the ECJ
from the cases Francovich v Italy9
and Brasserie du Pecheur10
. It is only therefore fitting to
discuss this test of damages as used by the CCJ in light of the ECJ position.
At the forefront, the concept of state liability must be examined from the perspective of
the ECJ. This concept emerged from the Francovich case which was further clarified by the ECJ
in Brasserie. In Brasserie the ECJ clarified conditions for liability which are, the rule of law
which is breached must be one which conferred benefit to the person; that breach was
sufficiently serious and; there is a direct causal link between the breach of the State and the loss
1
See Trinidad Cement Limited and TCL Guyana Inc. v Guyana [2009] CCJ 5 (OJ), [27].
2
See Trinidad Cement Limited v CARICOM [2009] CCJ 4 (OJ); Hummingbird Rice Mills v Suriname and
CARICOM [2012] CCJ 1 (OJ), [2012] CCJ 2 (OJ); Shanique Myrie v Barbados [2013] CCJ 3 (OJ).
3
[2009] CCJ 5 (OJ), [27].
4
[2009] CCJ 5 (OJ), [28].
5
[2013] CCJ 3 (OJ).
6
[2009] CCJ 5 (OJ).
7
[2009] CCJ 4 (OJ).
8
[2012] CCJ 1 (OJ), [2012] CCJ 2 (OJ).
9
Joined Cases C-6/90 and 9/90 Francovich v Italy [1991] ECR 1-5357.
10
Joined Cases C-46/93 and C-48/93 Brasserie du Pecheur SA v Germant and R v Secretary of State for Transport
ex parte Factorame Ltd [1996] ECR I-1029.
2. 2
suffered by the party11
. According to one writer12
, the second criterion is usually the hardest
hurdle to overcome but as will be seen in the original jurisdiction cases highlighted, the biggest
hurdle for the claimants was proving that there is a direct causal link between the breach of the
obligation imposed on the State and the loss suffered by the party. The CCJ in the Trinidad
Cement case alluded to this concept of State liability when they said that the remedy of
compensation was available where rights enured to private entities and individuals were
breached by the Member State13
. The CCJ said that the principle of state liability was based on
the principle of effectiveness and art. 9 RTC14
. The original jurisdiction cases where the parties
sought damages and costs will now be discussed.
In 2009, the CCJ had the opportunity to establish the Court’s position on a party’s
entitlement to damages in the Trinidad Cement15
case. The salient facts of this case involved
Guyana’s suspension of the Common External Tariff (CET) on cement imported into that
country which according to the claimants was a breach of art. 82 RTC. According to the CCJ, the
first two requirements for state liability were satisfied by the claimants TGI and the Court said
that an award of damages could be granted if the other requirements were met16
. When assessing
the entitlement of TGI to damages, the Court said that in order to have a successful claim for
damages TGI would need to show that the losses suffered had to derive from the specific breach
in question and that suffering loss was not sufficient to successfully claim damages before the
Court17
. The Court than held that TGI could not successfully claim damages against Guyana
because they could not demonstrate any such link between the breach in question and the losses
suffered18
. The Court also addressed the issue on whether exemplary damages were available to
the claimants and concluded that international law does not recognise the award of punitive
damages19
and therefore they would not grant any such award20
. Even though the Court did not
grant any award for damages in this case, it referred to its decision in TCL v CARICOM21
and
made coercive order against Guyana to re-impose the CET22
.
The next decision of the CCJ which addressed the issue on damages was the
Hummingbird case. In this case the claimants, Hummingbird Rice Mills (HRM) alleged, inter
alia, that they suffered substantial financial losses through the acts and omissions of CARICOM
11
[1996] ECR 1-1029, paragraph 51.
12
Kaczorowska, A, European Union Law, 3rd
edn, 2013, New York, Routledge at p. 318.
13
[2009] CCJ 5, paragraph 27.
14
The CCJ followed the ruling of the ECJ in Francovich which based its decision on the principle of effectiveness
and Article 5 EC. See Trinidad Cement Ltd and TCL Guyana Inc. v Guyana [2009] CCJ 5 (OJ), [24]-[25]
15
[2009] CCJ 5 (OJ).
16
[2009] CCJ 5 (OJ), paragraph 31.
17
[2009] CCJ 5 (OJ), paragraph 33.
18
[2009] CCJ 5 (OJ), paragraph 34.
19
[2009] CCJ 5 (OJ), paragraph 35.
20
[2009] CCJ 5 (OJ), paragraph 40.
21
[2009] CCJ 4 (OJ), paragraph 42 and 43- the Court said that they had the power to make coercive orders against
Member States and the Community.
22
[2009] CCJ 5 (OJ), paragraph 43.
3. 3
and claimed damages in the amount of approximately USD $3 million with interest23
. With
respect to damages against the Community, the Court did not find them guilty of any unlawful
conduct so they were not liable for damages24
. Among the various losses, HRM claimed
damages against Suriname for the loss of profits over a 4 ½ year period. Again in this case the
Court laid down the test for damages for breach of the RTC when it referred to the Trinidad
Cement25
case and decided that HRM had satisfied, as in the Trinidad Cement case, the first two
requirements set out for state liability26
. For the first time the court in the Hummingbird case said
that the most difficult hurdle for satisfying the test for damages was for the claimant, HRM, to
prove that it suffered substantial loss as a result of the breach by Suriname27
. HRM failed this
last hurdle, inter alia, because of its corporate nature since it had to clearly distinguish the losses
by HRM as separate to those of Republic Grains Ltd with which it was affiliated resulting in no
award for damages being granted. The Court however, invited written submissions on question
of appropriate orders as to costs28
. It is ironic however, that the Court made it clear that it was
not the intention of the CCJ to discourage private entities from bring important issues of
economic integration law before the Court29
. This is interesting because the Court held this view
with regard to costs but for an award of damages, neither in the Trinidad Cement case nor in the
Hummingbird case did it ever consider that setting such a high threshold would deter applicants.
Some of the costs of HRM were paid by Suriname in this case30
as was also seen in previous
case-law of the CCJ31
where the Court ordered payments of the Claimants’ costs.
This leads us to the most recent original jurisdiction case decided by the CCJ, Shanique
Myrie v Barbados. This was a landmark decision because, for the first time, the CCJ awarded
damages as well as non-pecuniary damages to a claimant. The most significant issue in this case
was whether there was and to what extent did CARICOM nationals have a right of free
movement within the Caribbean Community. The claimant in this case brought action against the
State of Barbados for, inter alia, alleged breaches of her right of free movement as a CARICOM
national pursuant to art. 45 RTC32
. When dealing with the claim for damages, the Court again
laid down the test for damages it set out in the Trinidad Cement case. The Court in dealing with
exemplary damages, reinforced its position laid down in the Trinidad Cement case that there is
23
[[2011] CCJ 1 (OJ), paragraph 11.
24
[2012] CCJ 1 (OJ), paragraph 52.
25
[2009] CCJ 5 (OJ), paragraph 27.
26
[2012] CCJ 1 (OJ), paragraph 58.
27
[2012] CCJ 1 (OJ), paragraph 59.
28
[2012] CCJ 1 (OJ), paragraph 66.
29
[2012] CCJ 2 (OJ), paragraph 6.
30
[2012] CCJ 2 (OJ), paragraph 8- Suriname was ordered to pay 50% of the costs incurred by the Claimant.
31
Trinidad Cement Limited v Caribbean Community [2009] CCJ 4 (OJ), [82] ( the Court ordered payment of half
the costs); Trinidad Cement Limited and TCL Guyana Inc. v Guyana [2009] CCJ 5 (OJ), [46] (the Court ordered
payment of two-thirds costs); Trinidad Cement Ltd and TCL Guyana Inc. v Guyana [2009] CCJ 6 (OJ) [15]
(payment for one half of the costs was ordered by the Court).
32
Shanique Myrie v Barbados [2013] CCJ 3 (OJ), [91]-[92]- The claimant also claimed breaches of her rights under
Article 7 RTC (non-discrimination) and Article 8 RTC (Most Favoured Nation Treatment) but this was struck out by
the Court.
4. 4
no room for the Court to grant exemplary damages and added that only those remedies known to
both legal traditions of the Community i.e. common law and civil law can be applied by the
Court in its original jurisdiction and since exemplary damages were not available under the civil
law legal tradition, the Court cannot make award for such33
. Unlike the previous cases before the
CCJ in its original jurisdiction, the Myrie case was the first of its kind in that no other states
sought non-pecuniary damages and the Court even alluded to that fact34
. The facts of the Myrie
case are important because among the allegations of the claimant, to which the Court agreed35
,
were the body cavity search and the conditions she was kept in at the airport. In the view of the
Court, that was sufficient to be a sufficiently serious breach of her right to entry into Barbados.
In assessing whether there was any direct link between the treatment and the exercise of her right
of entry, the Court said that the breach of her right of entry included everything that happened
between her point of arrival and her departure the next day36
. On this basis, she was awarded
BDS $2,240 in pecuniary damages and BDS $75,000 in non-pecuniary damages37
. What is
interesting is even then the court said that the non-pecuniary damages were awarded only for the
breach of the right to travel within the Community “without harassment or the imposition of
impediments”38
.
Although the Myrie decision does appear that the Court is heading in a more liberal
approach than its previous original jurisdiction decisions, it is erroneous to comprehend on what
basis was the amount for non-pecuniary damages granted. The Court did indicate in its judgment
the various conditions exposed to the claimant, they did not say why the amount granted for non-
pecuniary damages amounted to BDS $75,000. At this point mention should be made on the
reasoning by the Court for the grant of non-pecuniary damages. The Court used the Chorzow
Factory39
case to say that an award of non-pecuniary damages is recognised in international
law40
. In the Chorzow Factory case the Permanent Court of International Justice (PCIJ) said that
reparation must erase all possible consequences of an illegal act and return to the situation before
there was any such breach41
. Granted that the award of non-pecuniary damages in the amount of
$75,000 may have the possibility of putting the claimant in the position she was in before the
breach, it still remains unclear on what basis that was granted.
Turning to the award of compensatory damages which was BDS $2,240 (for cost of her
plane ticket and medical expenses) the Court granted it even though she presented no invoice for
her airline ticket. If this is compared to the situation in the Hummingbird case where, apart from
33
[2013] CCJ 3 (OJ), paragraph 94.
34
[2013] CCJ 3 (OJ), paragraph 96.
35
[2013] CCJ 3 (OJ), paragraph 42.
36
[2013] CCJ 3 (OJ), paragraph 99.
37
[2013] CCJ 3 (OJ), paragraph [95] and [100].
38
[2013] CCJ 3 (OJ), paragraph [100].
39
Case Concerning the Factory at Chorzow (Claim for indemnity)(Germany v Poland) Judgment on the Merits,
dated September 13, 1928, PCIJ, Series A, No 17.
40
[2013] CCJ 3 (OJ), paragraph 96.
41
PCIJ, Series A, No. 17, 1928, pp. 47-8.
5. 5
not being able to show that HRM was separate and distinct from its affiliates, there was a lack of
evidence on the part of HRM to show evidence of the actual profit that would have been made if
they wanted to claim losses for hypothetical profits. Not being able to provide such evidence, the
third hurdle was not met. If one can transpose that principle into the Myrie case with respect to
compensatory damages, no provision of an invoice for the plane ticket would, lead to no award
of compensatory damages. Furthermore, the Court admitted in Myrie that there were
inconsistencies with regard to the facts presented by the claimant which dealt mainly with the
time and sequence of events42
. Under the approach of the Court in the Hummingbird case this
would have added impetus to the Court for deciding that the third criterion was not satisfied i.e.
no direct causal link could be established between the claimant’s loss and the breach. One
common thread running through the original jurisdiction cases where the parties sought damages
before the CCJ was the lack of sufficient evidence provided by the claimants. We see this in the
Trinidad Cement43
case and the Hummingbird44
case. Therefore, by the Court in Myrie granting
compensatory damages even though there were inconsistency in evidence presented and invoice
for plane ticket, it can be said that the Court seems to be moving to a more liberal stance in
granting damage but this remains to be seen.
From the original jurisdiction cases before the CCJ mentioned, the decision in Myrie to
make an award for pecuniary and non-pecuniary damages can be seen as a silver lining for
prospective claimants wish to seek damages for breaches of their rights under the RTC before the
CCJ. More so, with respect to those private entities, if the chance of an award of damages is very
slim as in the Trinidad Cement and Hummingbird case, it may discourage such claimants from
seeking relief before the CCJ especially where the only relief granted is a coercive order against
the State. Even though it may be argued that private entities would effectively benefit from these
coercive orders made by the Court, since these entities are profit driven45
they would be
incurring severe losses in the end when their claims for damages are unsuccessful. Along this
vein, by setting such a high threshold for the test of damages the Court would be operating
contrary to the object and goals of the RTC. The Court in the Trinidad Cement 46
case raised this
point when it said private entities played a major role in fulfilling the goals and objectives of the
RTC. In retrospect, even though the award of damages (both compensatory and non-pecuniary)
in the Myrie decision from the reasons mentioned can be questioned, it does give hope to future
claimants as it may seem that the high threshold for the test of damages may be relaxed.
However, mention must be made of the Court where they said in the Myrie case, as mentioned
42
[2013] CCJ 3 (OJ), paragraph 33.
43
TCL indicated they suffered no loss and TGI could not prove any link between Guyana’s breach and its loss
suffered; See, [2009] CCJ 5 (OJ), paragraph [32] and [34].
44
There was lack of evidence by HRM to show any loss of profits between the relevant period (January 2007 to
June 2010) and this was one of the factors which led the Court to rule that the third requirement of proving a direct
causal link between the loss suffered and breach by Suriname was not satisfied; See [2012] CCJ 1 (OJ), paragraph
[60].
45
Berry, S, Caribbean Integration Law, Oxford, OUP, 2014, p. 433
46
See Trinidad Cement Ltd. and TCL Guyana Inc. v Guyana [2009] CCJ 1, paragraph [13]
6. 6
earlier, that the non-pecuniary damages were awarded for breach of the RTC and not for the
human or fundamental rights breaches47
. It remains to be seen how much the Court would stretch
its leniency toward claimants but from the dicta mentioned, the Court has a long way to go in
fleshing out its issues for award of damages.
Liam Labban
(Year III)
University of the West Indies, Cave Hill, Barbados
47
[2013] CCJ 3 (OJ), paragraph 100.