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Share plans and proprietary estoppel: be careful what you promise
Samuel Sherr
Do you know that you can buy (before the event) insurance to cover some legal expenses? An individual has a primary responsibility to pay their lawyer’s fees and not all cases can or will fit into the “no-win, no-fee bracket”.
On 1 October 2011, The Patents County Court (Financial Limits) (No 2) Order 2011 (SI2011/2222) came into force, introducing a £500,000 limit on the value of intellectual property (IP) right claims heard in the Patents County Court (PCC) for claims other than those relating to patents and designs.
It is a well known maxim in litigation that you can only recover as much money from a judgment debtor as the total of their assets.
Recently, there has been an interesting ruling by the European Court of Justice (ECJ) on two joined cases, both relating to alleged multi-jurisdictional defamation by means of material published on the internet. The inherent conflict of the globality of the internet and the territorially limited jurisdiction of national courts was the key issue.
In September 2011, Rick Kordowski, promoter of the website www.solicitorsfromhell.com, issued a claim against Desmond Hudson, Chief Executive of the Law Society, in respect of an alleged comment he made to Professor John Flood that “Rick Kordowski was a criminal”. The comment was subsequently published by Professor Flood on his blog.
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