This article will examine judicial estoppel, which allows the judge in such a case to take action and encourage consistent positions. It is widely accepted that the judicial process does not look kindly on those who choose to change their mind amid a case. The judicial process is based on the same party arguing in …
Business litigation involves presenting issues with business and corporate entities to the courts and arguing on behalf of business entities in court. A variety of topics may be the subject of business litigation, and many business litigation lawyers are experts in one of these areas. These litigation disputes can be incredibly complex and take time …
Retributive justice, a fundamental principle in contemporary legal systems, posits that the punishment for an offense should correspond in scale to the crime itself. The idea is to ensure perpetrators experience their “just deserts,” balancing the scales of justice by receiving a penalty deemed appropriate for their wrongdoing. This concept anchors much of today’s criminal …
If you or someone you love was injured in some way, you may be wondering how to win your personal injury claim. Personal injury claims make up a large portion of the civil claims that are heard each year because people will often be hurt by negligence or other conduct on the part of manufacturers, …
When creating a contract, few people imagine that they will need to use the frustration of purpose to stop performing under the contract. However, no one can foresee how things will happen as the contract moves on, and events can render the contract useless to its purpose. Contracts are agreements between two or more parties …
Justice and fairness are words that have found their way to the front of our minds this year in the United States. The country has been facing increased calls for justice and fairness for all Americans, regardless of the color of their skin or other characteristics. As the year has continued, many people have had …
It’s been said that “not to decide is to decide.” But unless there is only one possible result of inaction, not making a decision surrenders to chaos. Indecision perpetrates the status quo only where a situation is static, which is not often the case. Where conflict is ongoing, it will continue unless parties become exhausted, …
On May 25, 2020, George Floyd, a Black man, laid on the ground under the knee of Derek Chauvin, a white Minneapolis police officer, for what we now know was around nine minutes. In a video that almost everyone around the world would see in the following days. Chauvin brushed off the concerns of bystanders …
Justice Delayed is Justice Denied: How the rise of ADR in the UK and Ireland is aiding pressure from court closures and backlogs. In the face of the Covid-19 Pandemic, it has been encouraging to see ADR professionals across the UK and Ireland trying to work out ways to deliver their services, at a time when courts have been brought to an almost stand still.