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1,349 results found

Article

Moroğlu Arseven | Turkey | 28 Mar 2019

Turkish Constitutional Court: Rendering a Decision Before Dissolving the Divergence of Opinions Between Court of Appeal’s Different Chambers Breaches the Right to Fair Trial

The Turkish Constitutional Court recently decided that rendering a decision before dissolving the divergence of opinions between the Court of Appeal's…
Article

Wilmer Cutler Pickering Hale and Dorr LLP | USA | 18 Mar 2019

Public Safety Depends on Juries Chosen Without Racial Discrimination

On March 20, the U.S. Supreme Court is set to hear a particularly consequential death penalty case in which a Mississippi district attorney…
Article

RPC | United Kingdom | 25 Jan 2019

Omagh: tax penalty was a "criminal charge" for the purposes of Article 6 of the ECHR

In Omagh Minerals Ltd v HMRC [2018] UKFTT 697 (TC), the First-tier Tribunal (FTT) held that despite the civil nature of the underlying tax dispute, an…
Article

CMS Francis Lefebvre Avocats | European Union, France | 23 Nov 2018

A1 Form: presentation and latest case-law developments

European companies established outside of France may temporarily post their employees in France. When doing so, they must comply with a number of…
Article

McCann FitzGerald | Ireland | 22 Nov 2018

Tweeters’ Wings Clipped by New Practice Direction

How should the courts respond to the widespread use of personal devices in court and the risks to the administration of justice presented by live…
Article

McCann FitzGerald | European Union, Poland | 19 Nov 2018

How Fundamental is the Rule of Law? An EU Showdown on Judicial Independence

The European Commission has referred Poland to the CJEU due to violations of the principle of judicial independence created by the new Polish Law on…
Article

Schellenberg Wittmer | European Union | 25 Oct 2018

CAS procedures compatible with right to a fair trial except for refusal of public hearing (European Court of Human Rights)

In Mutu and Pechstein v Switzerland (Applications no. 40575/10 and no. 67474/10) (ECHR 324 (2018)), the European Court of Human Rights has confirmed…
Article

Nestor Nestor Diculescu Kingston Petersen | Romania | 5 Oct 2018

New rules for service of civil procedural documents

The service of procedural documents is one of the technical guarantees of the right to a fair trial. The way in which a party is informed of the…
Article

RadcliffesLeBrasseur | United Kingdom | 26 Sep 2018

The SDT and the standard of proof

In a current consultation, the Solicitors Disciplinary Tribunal (SDT) is looking at the standard of proof in its proceedings. The difficult questions…
Commentary

RPC | Hong Kong | 10 Jul 2018

More dismissal of 'dormant' claims

Defendants should welcome the recent judgment in Fiscalink International Ltd v Yiu Yu Sum Alex, in which the court struck out the plaintiffs' claims against a majority of the defendants on the basis that the lack of progress over many years was an abuse of process such that the entire action against those defendants should be dismissed. The court's judgment is another example at first......
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