Regions

Kochański Zięba Rapala & Partners win a case for Ringier Axel Springer against Roman Giertych (a former Polish Deputy Prime Minister)

Rafal Zieba_portret wwwOn 27 February 2015 the Court of Appeal in Warsaw dismissed an appeal filed by Roman Giertych in its entirety for a case brought against Ringier Axel Springer Polska – the publisher of Fakt, Newsweek and Forbes, amongst others.

The Court of Appeal examined the case after the Supreme Court returned the case back to its jurisdiction following a cassation appeal by Roman Giertych to the Court of Appeal’s original decision of 11 October 2012, in an effort to have the original decision overturned.

Anna Cichonska_portretRoman Giertych brought a legal action against Ringier Axel Springer Polska for comments made by Internet users which breached his personal interests, and were published on fakt.pl, under the article entitled: “Giertych wishes to take back immunity from Kaczyński”. Roman Giertych took the position that a publisher of an Internet portal is responsible for violation of personal interests by Internet users based on general principles arising out of the Polish Civil Code as well as Press Law. Roman Giertych claimed as follows: removal of the comments made by the Internet users, a publication of apologies on fakt.pl, interia.pl and onet.pl respectively, as well as compensation amounting to PLN 8,000.  More…

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New Bond Act

The Act of 15 January 2015 on Bonds will enter into force with effect from 1 July 2015 (“The new Bond Act”). The hitherto Act of 29 June 1995 will lose its effect. The most important changes in relation to the existing regulations include:
→ extending the circle of entities that can issue bonds;
→ introducing a new type of bonds – i.e. perpetual bonds;
→ introducing the legal basis for establishing bondholders’ meetings. More…

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ASIC updates hardship class order

A new ASIC class order (15/130) has been made, extending an exemption which relieves a credit provider from complying with section 73 of the National Credit Code (NCC) in relation to a hardship variation, provided that the variation is a ‘simple arrangement’.

The exemption will remain in place until 1 March 2016. Further industry consultation about whether the exemption should be made permanent is expected.

The concept of a simple arrangement was introduced by ASIC class order 14/41. A simple arrangement means “…an agreement that defers or reduces the obligations of a debtor for a period of no more than 90 days.” More…

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Shannon Chamber’s HR Forum Seminar (2.3.2015)

Michelle O’Riordan, Associate Solicitor, presented on employment law to the Shannon Chamber HR Forum on 12th February 2015. The seminar was hosted as part of HOMS’ ongoing commitment to businesses in the Shannon region. Michelle presented on The Protected Disclosures Act 2014 and Data Protection Issues in the workplace.

To View Entire Article  CLICK HERE…

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Estate Planning for Parents of Young Children

This is a topic of much passion for me.  Estate planning is a necessary protection for all parents with minor children.  Yet, national surveys reveal that less than 40 percent of Americans with children under the age of 18 have their estate planning documents in place.  (LexisNexis 2011 EZLaw Survey).

As a parent with young children myself, I understand that it may seem impossible to find the time to meet with a lawyer and get estate planning documents in place.  Life is busy!  Estate planning often seems like something that can wait to another, less hectic time.  Or, some parents, especially those with young children and just beginning their careers, feel that they have not yet accumulated sufficient assets to warrant the need for such a plan.  And, if I’m being honest, although I personally find estate planning to be a topic of great interest, most people do not particularly enjoy the topic or find it unsettling.  Who wants to talk about planning for death?

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Sports Direct Facing Multi-Million Claim Over Zero Hour Contracts

Sports Direct are facing a claim from nearly 300 workers after it was revealed that their zero hour contract status made them exempt from the company’s bonus scheme.

The Sports Direct bonus scheme granted almost 2,000 full time employees £160 million worth of shares, but excluded the bonus offer to those working for the company on zero hour contracts.

Initially Worth £1 Million

The initial claim against Sports Direct, which was launched by 30 employees working on zero hour contracts, was thought to be worth £1 million, with the highest individual claim, of over £100,000, coming from an individual who had worked for the company for over five and a half years.

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Supreme Court strikes down provisions of Money Laundering Act as they apply to Lawyers

The Supreme Court of Canada decided last week in the case of Attorney General of Canada v. Federation of Law Societies of Canada 2015 SCC 7, that the government should not interfere with a lawyer’s commitment to his or her client’s cause.  In doing so, the court held that  commitment to the client’s cause, was fundamental to the solicitor-client relationship.  Lawyers across the country welcomed the decision as a victory for the public and in providing clarity to how the legal profession should deal with its clients.
 
The case involved an act cumbersomely entitled “Proceeds of Crime (Money Laundering) and Terrorist Financing Act” (“Money Laundering Act”).  Parts of the Money Laundering Act and certain regulations under the Money Laundering Act sought to require lawyers and law firms to collect confidential information about their clients that could be subject to search and seizure by the government.  Alarmed by the prospect, the Federation of Law Societies of Canada sought to a declaration from the court that such legislation was unconstitutional.  Several lawyers’ associations including The Advocates’ Society, the Canadian Bar Association and the Canadian Civil Liberties Association intervened in the case.
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Andrew Dixon featured in new ILN IP Insider blog

Andrew Dixon’s article is featured in the just-launched International Lawyers Network IP Insider blog. His article is about the new federal anti-counterfeiting legislation (the Combating Counterfeit Products Act) that recently received Royal Assent.

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New Bills introduced – food labelling, more AD reform and the beginning of the end for Customs as we know it

Yesterday (27 February 2015) was a big day in Federal Parliament for the Trade and Customs industry yesterday.  No, nothing to do with leadership challenges but all to do with action at the border regulating trade and trading regulators.

Food labelling

In response to the outcry following issues with frozen berries from China which now includes border “holds” on food from certain producers and new requirements to identify producers of that food, the Greens and Independent Senator Nick Xenophon had introduced a new Bill proposing to amend food labelling legislation to further require identification of the origin of imported food.  The presumption would be that consumers would then be in a better position to make an informed decision on whether to purchase goods depending on the origin of those goods.  However as the controversy has increased, the Ministers responsible for such issues in the Federal Government announced that they were undertaking their own review of the laws and would submit a proposal to Cabinet for new laws in March. More…

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CDM 2015 – Implications for developers

This article was first published in the 21 February 2015 issue of Estates Gazette.

Executive summary

The CDM regulations govern the management of health and safety during both the design and construction phases of a project. Currently the CDM coordinator assists the developer in its role as client under the regulations, to carry out its health and safety duties. On replacing CDM 2007 with CDM 2015, the CDM coordinator functions will be phased out. The revised regulations do not provide for a replacement: a new role, that of principal designer, will cover some but not all of these functions. Developers have more duties under the new regulations. More…

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