KING CEASOR UNIVERSITY’s Post

🔔Litigation, what we learn in the Court Room ⚖️ In litigation, certain key steps can break a case, and these lessons often come from courtroom experiences. Today in Family Court, I have witnessed a significant moment. A year after the complainant filed the case, the notice to the accused was returned as unserved (this happened for almost 8 dates). 🕒 Despite the delays, the judge showed remarkable fairness and discretion. ✨ Key Takeaways: 1️⃣ Importance of Proper Notice Service – A simple procedural step can delay the whole case. Serving notice correctly is key! 📩 2️⃣ Judicial Flexibility – The judge offered the complainant the option to withdraw and refile the case without additional court fees. This shows that the judiciary strives for fairness even when procedural hurdles arise. ⚖️ 3️⃣ Settlement Encouragement – The court sought an amicable resolution, as settlements can often be less stressful and more beneficial for both parties. 🤝 However, the complainant opted to proceed with litigation. 👩⚖️ A lesson in balancing procedural efficiency and fairness, and a reminder of the human side of the legal process. #FamilyCourt #JudicialDiscretion #Courtroom #MLCS #Litigation

Read the full TLABC release in response to the Reasons for Judgement from Justice Gropper in Law Society of British Columbia v. British Columbia, 2024 BCSC 1292. https://lnkd.in/gvayWXQR #bcpoli #bclegal

📢 Proper Service of Notice in Litigation 📢 In any legal process, serving notice to the opposing party is absolutely crucial. 📜 Without it, proceedings can face delays, procedural roadblocks, and even dismissals. Serving notice correctly means honoring the principles of natural justice ⚖️ by ensuring that each party has a fair opportunity to present their case which in term mean as "NATURAL JUSTICE". This article dives into: ➡️ The significance of notice in civil, criminal, and family cases ; ➡️ Legal provisions guiding proper notice service ; ➡️ Various methods for serving notice, from personal delivery to electronic service 💻 ; ➡️ The risks of improper notice service, like ex-parte judgments and procedural setbacks. https://lnkd.in/dDZ89D68 👆 Check out the full article to learn more about how a well-served notice can make a difference in the courtroom. Knowledge is power, and ensuring fair notice service is a key part of maintaining justice. Have questions? Feel free to reach out! 💬 #MLCS, #NaturalJustice, #ServiceOfNotice, #CourtSummons, #LegalProcedure, #CivilProcedure, #LitigationProcess, #LegalNotice,

📢 Attention NYS Academy of Trial Lawyers followers! For the latest updates, resources, and event info, follow us at our new LinkedIn page @NYSAcademyofTrialLawyers! Connect with us to stay informed on all things trial law in New York State. #TrialLaw #NYSAcademy #LegalCommunity

Justia Webinars is proud to present our 2023-2024 Supreme Court term review! As we approach the end of another #SCOTUS term, don’t miss this opportunity to gain insights from UC Davis Professor of Law Vikram Amar and Cornell Law School Professor Michael Dorf who are back this year to discuss some of the most important recent Supreme Court decisions. Register today: https://j.st/598b #SCOTUS #JustiaWebinars #JustiaForAll

On behalf of the Southern University Law Review, we extend our heartfelt congratulations to our Volume 51 staff members who have passed the bar in their respective jurisdictions. We are proud to announce a 100% bar passage rate for our Vol. 51 members who sat for the exam. Please join us in celebrating their remarkable achievement! #SouthernUniversityLawReview #SULR #SouthernUniversityLawCenter #SULC #analysismatters

The Lamp of History was one of the topics I touched on during my speech as President to the Annual Dinner of the London Solicitors Litigation Association in November 2002. My point was the best way to understand how we reform the Law and the practices of lawyers is by looking at how our predecessors had tackled problems like Court Backlogs - after all, there is (almost) no new thing under the sun. The latest speech by Lord Justice Birss, Deputy Head of Civil Justice, also adopted this approach to the lessons of history and his sage insights drawn from the past are becoming something of a hallmark. I look forward to his next speech. I also have a sense of dread after his infamous Tier 1 chopping speech last November. What next for the chop? The latest speech held no savage chopping nor gentle pruning of the new Pre-Action space for the Civil, Family and Tribunal jurisdictions (CFT). I leave DisputesEfiling.com Limited to comment on the detail of Lord Justice Birss' vision and pause to observe, again, about what some have called the dysfunctional communications about the future work of the Online Procedure Rule Committee (OPRC). Lord Justice Birss is Chair of the Civil Procedure Rule Committee (CPRC), delegated by the Master of the Rolls. He does not sit on the OPRC. His speech covered jurisdiction within the CPRC's scope: proceedings in Court and issues about proceedings before court cases are issued - a jurisdiction for the OPRC. Or is it? In a previous post I considered in detail the conflicting jurisdiction between CPRC and the OPRC, so will not cover that ground again. This needs to be cleared up though. Given the pace of the OPRC's work much better comms are needed to ensure the Community of Online Dispute Management Platforms, Lawyers, Citizens and Third Sector are brought along and support what is proposed. The last thing we need are rule sets developed without full engagement. Finally, a word about the role of Ombuds. The reaction to the the Master of the Rolls' speech to the Ombudsman Association (OA) last July has been lukewarm to put it at its very highest. My understanding is that Ombuds see Tier 2 as irrelevant. They do not have the resources to be sending data to Tier 2 or Tier 3. Perhaps there has been further engagement with the OA? What counts is to finish Modernisation so we have an end-to-end digitised system across the CFT. At the same time NCBDR needs to be integrated within reformed Pre-Action Protocols (PAPs) by next April. Those two steps will bring immediate relief to citizens and SMEs whose lives and livelihoods are blighted by the Backlog whilst bringing much needed help for our beleaguered District Bench and Court staff up and down the country. The digitisation/data standards can catch up later. #adr #odr #a2j #change Sarah Moffatt Stephens Brett Dixon Gerard Boyers Rahim Shamji DDRS ADR ODR International Limited Sue Prince Martha de la Roche Masood Ahmed Kerry Underwood

ICYMI: From OCDC audits to praises about legal mentors, here are the top takeaways from the latest issue of the Journal of The Missouri Bar ➡️ https://ow.ly/QpLm50RjlIS #MOLawyers

The NYSBA Family Law Section is proud to present a CLE program on Fee Dispute Resolution on March 4th. Speakers, both of whom are current FDRP board members [and one a former program administrator] will present all there is to know about Fee Dispute Resolution under Part 137 of the Chief Administrative Judge, including: - The program’s jurisdiction, when does the rule apply and when doesn’t it apply? - What are attorneys’ obligations under the FDRP? Including notice, participation, compliance with awards - How cases are conducted, including the who are the arbitrators, the burden of proof, confidentiality, and awards - What is the current case law concerning fee disputes? - How does the court interplay with Part 137? (CPLR 75) - Mediation and the FDRP (available in Nassau and NYCLA) - Benefits of using the FDRP Speaker: Hon. Kris Singh, Fourth Judicial District Administrative Judge, Montgomery County Surrogate Sign up here: https://lnkd.in/gjEgP9WM #nysba #newyorkstatebarassociation #familylawsection #matrimoniallaw #feedisputeresolution #cle #webinar

Criticism of trial lawyers as a potential ground of appeal. This is the first in a series of articles by the 5KBW Criminal Appeals Unit analysing the approach of the CACD to particular grounds of appeal, the legal framework, practical tips for preparing the ground, and identification of some of the potentially determinative factors in the outcome. It was first published in The Appeal Brief (April) https://lnkd.in/dYybWHyT 5 King's Bench Walk #criminalappeals #criminaljustice