White and Partners’ Post

The Court of Appeal reviewed two motions to compel filed by Wife against non-parties, Rocket Lawyer and Acendi. These entities were in Husband’s name, formed during the marriage, and claimed by Wife as community property. Rocket Lawyer’s Appeal: Rocket Lawyer argued the 60-day deadline to file a motion to compel had passed. The court noted the objections were made under a subpoena served by mail, not personally. Since a deposition subpoena not personally served imposes no obligations on a nonparty deponent, the 60-day deadline did not apply. Acendi’s Appeal: - Meet and Confer Efforts: The court found Wife's efforts, starting 56 days into the 60-day deadline, were adequate. The adequacy of meet and confer efforts depends on broader factors, including the legitimacy of discovery sought, the dispute’s complexity, and the interaction history between counsel. - Sanctions: Acendi's refusal to produce documents led to sanctions, as their objections were deemed unreasonable. The trial court found Acendi’s conduct not egregious enough to deny the motion to compel based on inadequate meet and confer efforts. - Outline in Lieu of Separate Statement: The trial court permitted Wife’s outline despite not granting prior permission, validating its use. - Partial Success and Sanctions: Acendi's partial success in the motion did not prevent sanctions. The trial court considered the overall discovery dispute in rejecting claims of substantial justification. - Post-Compel Meet and Confer Costs: The court reversed sanctions related to post-motion meet and confer efforts, as they are not recoverable under the Civil Discovery Act. #LegalUpdate #DivorceLaw #CommunityProperty #CourtOfAppeal #LegalRights #Justice #Law #LegalNews #CourtCase Share this post to inform others about this significant legal development! Source: Source: CA Lawyers Association

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Freedom of contract is a fundamental legal principle, giving businesses autonomy to agree the commercial terms that best suits their interests. A natural outflowing is that a party cannot be forced to accept terms to which they have not agreed – including non-contractual performance, as an important decision demonstrates. The award-winning shipping and commercial lawyers at Bahamas firm ParrisWhittaker are experienced in advising businesses on their commercial contracts and disputes. 🔗 Read more here https://lnkd.in/eYm4bU7d #parriswhittaker #bahamas #businesslaw #forcemajeure

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I've gone from working for Practical Law to contributing to their content as an attorney in practice in Cayman. My colleagues and I are pleased to have written a practice note for Practical Law Global on obtaining recognition of foreign insolvencies and enforcing insolvency related judgements in the Cayman Islands. You can access the note from this link on the Practical Law site, happy reading! https://lnkd.in/eGe-RVbW Practical Law Global #insolvency #caymanislands #crossborder #litigation

🔍 Dive into the Australian legal landscape with this insightful analysis on the intricacies of cross-border insolvency proceedings and how foreign representatives can assert rights to pursue potential claims. 🌏 Understanding the nuances of international law is essential for businesses operating across borders. Stay informed and check out the following article prepared by Hannah Griffiths and I: https://lnkd.in/gdpHazrG Whether you’re an insolvency professional, legal expert or simply curious about international legal matters, this read is for you! #LegalInsights #CrossBorderLaw #Insolvency #Australia #ForeignRepresentatives

A great article from our in-house legal team!

Inflation still falling …. But will interest rates follow ? There has been much speculation not if, but when rates will start to fall and then by how much. HOWEVER I think many people forget that the UK is affected as much by thing overseas as things at home. There are still huge factors that may delay rate cuts and I for one don’t see a return to the last 10 yr average of sub 1% rates. Here in the Uk we have FULL employment (unemployment sub 5%) which is making recruitment hard for everyone Wages rising at over 5% which will provide inflationary pressure Rising Petrol costs that affect everyone and dare I say a vibrant housing market that will boost confidence and thus inflation .. Then overseas we have 2 wars - 1 having a huge affect on oil prices and another that Russia is starting to win and who knows how that plays out . We also have rapidly improving US economy that will stop the Fed cutting rates and in turn will be a huge reason why the Bank of England can’t cut either So it’s far more complex than many realise & rates of between. 4 and 5 % may be with us for many years to come