56TH Express Entry Draw For Canada Immigration

On 1st March 2017, the largest Express Entry draw took place, through which thousand of applicants just got lucky by receiving an ITA (invitation to Apply) for Canadian permanent residence with the lowest Comprehensive Ranking System score. Below are the following details:

  • Draw number: 56
  • Draw date: March 1, 2017
  • Number of Invitations issued: 3,884
  • Minimum CRS: 434

The above graph represents that as the size of the draw increases, the CRS (Comprehensive Ranking System) score decreases by slightly few points.

According to the recent news, the Government of Canada announced a target of 73,700 newcomers under the Federal Economic category in 2017. Whereas, in the previous year the target was 58,400. Hence, this shows that the number of newcomers is increased by 26% and will be welcomed through Federal Economic streams, such as by Express Entry program. Therefore, this whole scenario portrays the increasing size of the draw.

This is a great opportunity for all the applicants who were unable to make it for Canadian Immigration through Express Entry program, as the draw size is now much larger than they were during the closing months of 2016.

If you want to know your eligibility for Canada Express Entry Program, get in contact with the most experienced and licensed Immigration Consultants at Lalani & Associates, who will take you step by step to reach your destination.

Top Five Reasons Why you need to Hire a family Law Attorney Now

It can be difficult to understand the reasons why people end their marriages, and with a divorce rate in the U. S. of around 50%, it’s impossible to pretend every wedding ends with “happily ever after. ” If you or your spouse has already initiated separation proceedings, here are five reasons why you need to hire a family law attorney now.

1. You need an Objective Party

Personal relationships usually involve a plethora of subjective emotions and intimate details that are of the utmost importance to you and your spouse. If your union is troubled and coming to an end, you need someone who is an outsider in your divorce proceedings and can act as an objective party throughout the process. It is almost guaranteed that you will face complicated issues and emotions; lawyers are specifically trained to handle such cases in a fair and objective manner. This allows you to take a step back and avoid hasty decisions based on fleeting emotions. For instance, you might think it would be easiest to go for the quickest resolution when it comes to dividing property, but an experienced family law attorney can evaluate the circumstances and tell you if you should wait for a more equitable division.

2. You Need Help with Paperwork and Red Tape

Court proceedings almost always involve substantial amounts of paperwork and red tape. A qualified family law attorney will handle the complexities of the paperwork and make sure you keep moving forward toward a resolution.

3. You have Dependent Children

If you have dependent children, custody issues are often the most challenging part of any marital dissolution. The most important goal is for the parties to agree on the arrangement that best serves the interests of the children. When issues are particularly complex, and the spouses cannot reach a mutual agreement, it is imperative to hire a veteran family law attorney who has dealt with these types of situations.

4. You Are Hoping for an Early Settlement

A lawyer with substantial experience in family matters can help you reach the most favorable settlement agreement as quickly as possible, and as early in the process as possible.

5. You need Advice on Legal Options

Even if you simply just need advice on your legal options, having a qualified family law attorney can make a huge impact on the outcome. The issues that must be resolved in a marital dissolution include child custody, child support, property division, and spousal support. Many times during the negotiation process, parties use these issues against each other in the hope of achieving a better outcome. If you have a seasoned advisor, from the beginning you will get the right advice on what course of action you should pursue and what steps should be taken to ensure your goals are met.

If a resolution cannot be agreed upon and a trial is required, the right lawyer can aggressively represent your interests in court and work toward getting the most equitable jury verdict on your behalf.

Frequently asked questions For A family Law Attorney

Because most of the cases they handle include marital discord, family law attorneys are most commonly referred to as divorce lawyers. But like other areas of legal practice, family law is much larger than a single subject. It involves many other domestic matters related to family obligations and disputes. To give you a better understanding of this growing legal field, we’ve come up with five answers to questions a family law attorney commonly receives.

Is There A difference Between A Divorce And An Annulment?

When one or both spouses attempt to dissolve a marriage, there are two possible outcomes. The most common one is a divorce, which puts an end to a legal marriage. However, if the court finds that the union was not legally valid, it may just grant an annulment. A legal decree, an annulment treats the union as if it never happened. Bigamy, fraud, or coercion are just a few of the reasons annulment is granted.

What Does Child Support Cover?

When one parent retains primary custody of a child or children, the other parent may be ordered to provide monetary support. Although the custodial parent makes the payments, it can only be used for things the child needs, including:

– Food, clothing, and shelter
– Medical and dental care
– Educational expenses

If the custodial parent uses child support for any other purpose, the non-custodial parent may notify the court.

How Is Alimony Calculated?

Also known as spousal support, alimony consists of regular payments made to a dependent spouse. Since they make more money, a supporting spouse is often asked to pay a certain percentage of his or her monthly income in alimony. The dependent spouse may receive these payments until he/she is either remarried or achieves financial independence.

How Is Child Visitation Determined?

When children are involved, it is up to the court to make a decision based on their best interests. After custody has been established, the ex-spouses can discuss vitiation rights. Experienced attorneys can be invaluable for both sides during this sometimes contentious process. As long as they can come to an agreement, there may be no need to get a court order regarding visitation rights.

Do I need A Family Law Attorney?

Although it is technically possible to represent yourself in family court, it is very rarely done. Why? In addition to the incredible amount of stress and strain these cases almost always cause, they can also be confusing from a legal perspective. Matrimonial law is not written in stone, so judges tend to err on the side of caution. They often encourage both sides to come to an agreement rather than making a firm decision. As a result, a spouse that does not have legal representation will be at a distinct disadvantage during negotiations, including negotiations of child custody and other important issues.

An experienced family law attorney can help protect your rights and pursue your interests during an emotionally trying time.

All You need to know About Personal injury Law Blogs

Have you ever been injured due to someone else’s carelessness? Have you lost a loved one due to somebody’s reckless driving? The pain in such situations can be excruciating enough to break you. But this is just the time you need to be strong and fight for your rights. Filing for a personal injury case is no joke! There are several emotions associated with punishing the guilty and if you are not well-versed with personal injury laws, you can end up losing more than you already have. You can never anticipate when disaster strikes, and when it does, there is often no warning. It’s always best to be prepared well in advance to tackle any untoward situation. So how can you keep yourself updated with the latest law news, articles, blogs, case histories, jury trials, and expert tips on personal injury cases? The answer is personal injury law blogs.

Personal injury law blogs are the right tools for you to be up-to-the-minute will all the latest happenings in the world of law. For instance, such law blogs can help you decide if your case is worthy of legal representation. There is no point in spending time and money in fighting a losing battle. If you are educated about the law, you can analyze your situation to determine if you are worthy of legal representation. If you do decide to consult with an attorney on this, chances are they might end up convincing you into filing a case even when you have no chance of winning. After all, not everyone is morally sound and they can trick you to earn their bread!

Another way in which personal injury law blogs can help you is by giving you expert advice and tips on hiring the right lawyer to represent you. Going into a case with an inefficient and inexperienced lawyer is equal to going in with no lawyer at all. Such law blogs will be written by lawyers and law experts who can give you unbiased insider tips and advice on how to hire the right lawyers. You will know exactly what to tell your lawyer, what to ask them, how much to pay, and all the other related details. So, there is no way you will end up spending more than you should on a bad lawyer.

Personal injury law blogs are also ideal for law students, lawyers, and law professionals to stay updated with the current advancements in law. Here, you can get case histories of landmark cases, amendments in the laws, information on ongoing jury trials, and more. You can educate yourself about law with news and articles from around the world. In today’s fierce competition, there is no place for lawyers who are not well versed with the latest legal trends. So, the easiest thing you can do to stay at par with your contemporaries is to subscribe to a law blog and increase your level of expertise in the area. Law blogs are also invaluable resources to law students, who can gain in-depth information about the law from practical sources other than textbooks.

Don’t be a victim of someone else’s carelessness or reckless behavior. Subscribe to a good personal injury law blog, know your rights, and be prepared to punish the guilty!

Comparison of the Traditional English Laws & European Community (EC) Laws on Jurisdictional Values

Introduction: This paper endeavours to compare the traditional English law and the European Community (EC) law on jurisdictional values, in that, it seeks to understand and elucidate why the former set of jurisdictional rules value flexibility and justice while the latter values certainty and predictability vis-à-vis the other. It shall analyse their historical or political background, their objectives and bases for assuming jurisdiction. It shall highlight the areas of differences between these jurisdictional regimes with the assistance of authorities like significant Court cases and books that have besides explaining or simplifying the law have also helped its evolution.

Definition: The word ‘Jurisdiction’ can have several meanings, but if understood in context with the Court of law it generally means the ability or authority of a particular Court to determine the issues before it on which a decision is sought. The rules on Jurisdiction play a pivotal role in determining the Court’s ability to address the issues in a given matter.

Jurisdictional issues become complex on the involvement of more than one Court having jurisdiction. This is certainly an area of concern not only for the international trade or business (who may be put in an invidious position where they are unaware of the extent of their liability) but also the sovereign states that seek to trade with each other without having to spoil their amicable relationship.

The English Law: The English legal system (having the common law at its core) has had and still continues to have a formidable place in expounding the law on several issues, mostly due to the availability of intellectuals and experts that have helped it in doing so.

Traditional English law (the common law) is basically the case laws that have over period of time become an authority with regard to the matter determined therein. Prior to entering the european union (EU) by signing the document of accession in 1978, in the U. K, along with the judge made laws, even legislations played a significant role though it may have been more or less remedial in nature. However, it seems logical to allow the judge made law to test the legislation whenever it is so required by the change in circumstances which can be given effect to with relative ease as in comparison with the legislation process.

Before the advent of the Brussels/Lugano system and the Modified Regulation the traditional rules were applied in all cases, and it is their historical roots that make it appropriate to refer to them as the traditional English law/rules.

The jurisdiction of English courts is determined by different regimes:
1. The Brussels I Regulation (hereinafter the ‘Regulation’) (an amended version of the Brussels Convention but notwithstanding the amendments it applies a similar system of rules on jurisdiction);
2. The Modified Regulation which allocates jurisdiction within U. K under certain circumstances; and
3. The traditional English rules.

There are other sets of rules on jurisdiction like the EC/Denmark Agreement on jurisdiction and the those contained in the Lugano Convention; but their ambit is restricted in application to the cases where the defendant is domiciled in Denmark in case of the former and in an EFTA member state in case of the latter. There is also the Brussels Convention which applies to Denmark alone.

The EC law: In contrast to the traditional English law, the European Community seems to place more importance on the legislative work than the judge made laws. Apparently, for the EC, it is more important that the basic edifice of their legal system should be based in a codified structure which it defends on the grounds of ease of understanding amongst other reasons. Whereas, English laws seem to put more emphasis on having a common law or judge made law background. On this anvil, one begins to understand the differences that exist between the respective legal systems and their values, that is, a basic difference in the manner of approaching the issues even in cases where their objectives may be same.

The EC law on jurisdiction is more inclined towards the importance of predictability and certainty in the rules than towards matters like justice and flexibility as can be understood upon reading the 11th recital of the Regulation that states: ‘The rules of jurisdiction must be highly predictable and founded on the principle that jurisdiction must generally be based on defendants domicile and jurisdiction must always be available on this ground save in few defined situations… ‘

Whereas, the only mention of flexibility in the Regulation is contained in the 26th recital wherein it provides that the rules in the regulation may be flexible only to the extent of allowing specific procedural rules of member states.

According to the EC law on jurisdiction, it seems that this particular requirement of predictability is necessary for parties to a dispute to know exactly within which jurisdiction(s) they can sue and be sued. The EC law gives priority to the primary objective of harmonizing the laws on jurisdiction within the territory of its member states and therefore makes it mandatory to uphold the strict accuracy to its principle while giving secondary status to the objective of justice for the parties. The EC law as well as the traditional English law may very well have their own justifications and reasons for following a particular system; but it is submitted that this seems to be not only a matter of difference in manner of approach or attitude but also a matter of prioritization of the objectives by both the EC law and traditional English law on jurisdiction. The list of cases mentioned hereinafter for the benefit of elucidating the topic under discussion are, as shall be evident, decided under the Brussels Convention which can be used for interpreting the rules under the Regulation.

Comparison of EC Law v English Law:
1. Bases of Jurisdiction: The most significant difference that exists between the traditional English laws and the EC law on jurisdiction is the element of discretion that the respective body of law gives to the judges in determining the jurisdictional issues. Under the Regulation the assumption of jurisdiction is largely mandatory with the court not being free to decline jurisdiction; whereas under the English traditional rules the assumption of jurisdiction is discretionary.

The Regulation applies only to matters that are civil and commercial in nature and not to those that have been explicitly excluded from its application (for e. g. Cases pertaining to arbitration, succession, wills and bankruptcy have been excluded from the application of the Regulation). Whereas, the traditional English rules apply not only to cases that fall outside the scope of Art. 1 of the Regulation but also to those that fall within its scope where the defendant is not domiciled in any member state and the jurisdiction is not allocated by any of the rules which apply, regardless of domicile.

A. In the traditional English rules the court has jurisdiction in three situations:
i. If the defendant is present in England (though the court may stay the proceedings on the ground that another court is a more appropriate forum). Jurisdiction under this situation is dependent on the presence of the defendant in the country whereby the claim form may be served to him.
ii. If the defendant submits to the court’s jurisdiction: wherein the defendant submits by not contesting jurisdiction or by arguing the case on its merits.
iii. If the claim falls within Practice Direction: (CPR PD 6B) (which is dependent on the court giving permission to serve process out of its jurisdiction) where the court considering England to be the most appropriate forum (despite of absence of reasons under i. or ii. on the basis of some connection between England and the defendant. There seems on a perusal of this provision, a functional similarity with Arts. 5 & 6 of the Regulation.

B. Jurisdiction under the EC Law: Except for certain instances where the applicability of the EC law on jurisdiction does not depend on the defendants domicile (Art. 22 Exclusive Jurisdiction and Art. 23 Prorogation of Jurisdiction) the EC law on jurisdiction rests on the domicile of the defendant, and makes it mandatory for the court of a member state to determine the jurisdictional issues and other issues where the defendant is domiciled in its jurisdiction.

The Brussels Regulation does provide for instances where the defendant can be sued in another member state though he is not domiciled in that particular state; but these cases have been very explicitly outlined in the regulation leaving little or no scope for the exercise of discretion by the judge. However, Art. 4 of the Regulation provides that a member state can (subject to the provisions in Articles 22 and 23 of the Regulation) exercise its traditional laws on jurisdiction in cases where the defendant is not domiciled in any of the member states. This provision while giving scope for the applicability of the traditional rules has at the same time also given rise to the idea that there is now only one source of jurisdictional rules, namely the Brussels Regulation.

C. Mandatory rules under EC law v Forum Conveniens:
Forum conveniens: upon bringing an action in England, the claimant has to prove that it is the forum conveniens, that is, the matter can be tired therein in the interest of justice; and the relevant factors in considering this are the same as under forum non conveniens. Forum conveniens is determined in two stages, namely:
i. Where in the 1st stage the claimant should show that England is an appropriate forum (considering, among other things, the nature of dispute, issues involved and in cases where relevant, the availability of witnesses.
ii. At the 2nd stage the claimant must establish that even if there is another forum, justice will not be done there, showing thereby that England is the more appropriate forum.

However, England may not be the appropriate forum where the claimant will only be deprived of some legitimate personal or juridical advantage like a higher compensation award.

Mandatory rules under EC law: Unlike the traditional English rules, under the Regulation, if the court has jurisdiction under any of the provisions thereof (e. g. Arts. 2 or 5) it cannot refuse jurisdiction on the grounds that some other court is best suited to determine the matter, showing the mandatory nature of the rules.

In case of lis pendens (Art. 27) or proceedings in 2 or more states (Art. 28) the Regulation gives precedence to the court first seized (Art. 29 & 30) regardless of the actual jurisdiction being in the court 2nd seized.

These rules are mandatory in so far as they fall within the scope of Art. 1 of the Regulation; no deviation thereof is permitted on the grounds of justice or convenience or any like reason. Paraphrasing the reasoning of the ECJ, the reason for such mandatory compliance is the promotion of legal certainty and predictability and the free flow of judgments amongst the member states on the basis of the codified rules in the Regulation which are not dependent on any judge’s discretion.

2. Forum non conveniens and lis pendens:

A. Forum non conveniens: Jurisdiction under the traditional rules also depends on whether the court shall decline jurisdiction or stay the proceedings. An English court shall in determining jurisdiction under its traditional rules try to ascertain which is the more appropriate forum and may even stay its proceedings in cases where it thinks that another forum is best suited for the case and in doing so it employs what may be called the basic test i. e. whether it is in the interest of the parties and would meet the interest of justice.

However, it was the Spiliada Case which promulgated another test i. e. ‘the two stage test’ for deciding the more appropriate forum for determining the case before the court. Where the court considers, in the 1st stage which is prima facie the most appropriate forum (burden being on the defendant) on the basis of connecting factors like: (territorial connection) place where the parties reside, the law applicable, the availability of witnesses (if any), balance of convenience (applied in Spiliada itself) and where proceedings between the same parties arising out of the same dispute are pending before a foreign court, show how long the trial has been in existence which would be a strong argument in favour of forum non conveniens where such case is on the verge of resolution one (unlike Art. 27 of the Brussels Regulation, the traditional rules do not endorse a simple ‘first come, first serve’ approach) and whereas in the 2nd stage (burden shifting on the claimant) upon considering the relevant connecting factors it thinks that the dispute is more closely connected with a foreign court.

B. Lis alibi pendens: The doctrine of Lis Pendens under Art. 27 of the Brussels Regulation makes it mandatory for the court which is second seized (in proceedings having same cause of action and same parties and the dispute is before the courts of two or more member states) to stay its proceedings in favour of the court first seized until such time till the latter has not established its jurisdiction notwithstanding that the court second seized may actually have prima facie grounds for the exercise of its jurisdiction (For example: Arts. 22 and 23).

In contrast to the traditional English law, the Brussels Regulation gives absolutely no discretion to the judge to stay its own proceedings and grant jurisdiction in favour of another court on grounds of availability of a more appropriate forum. For instance, in the Owusu case wherein the European Court of Justice held that Brussels Convention precludes a Court of a contracting state from declining jurisdiction conferred on it by Art. 2 on the ground that a court of a non-contracting state would be more appropriate forum for the trial of the action even if the jurisdiction of no other state is in issue or the proceedings have no connecting factors to any other contracting state. This regardless of the fact that the person putting up a plea of forum non conveniens is able to prove that he may not be able to secure justice in a foreign court or that he is in fact devoid of any access to effective justice.

The doctrine of Lis Pendens may seem like a simplified manner of approaching simultaneous proceedings in different courts vis-à-vis the doctrine of forum non conveniens which is dependent on the judges discretion; and also seems logical in cases where there could be a possibility of having two conflicting decisions as may happen under the traditional rules. At the same time it also seems arbitrary in that it makes mandatory for the court first seized to decide upon its jurisdiction before the court second seized, regardless of any pressing evidence adduced that places jurisdiction elsewhere.

The doctrine of lis pendens seeks to support the object of the drafters of the Brussels Regulation which is to promote confidence in the internal market, to reduce disparities between national laws on the jurisdictional front; and to strengthen the belief of persons domiciled in the member states under the present jurisdictional set-up, so as to safeguard their legal and large monetary interests and this in turn leads to the creation of legal certainty which view or observation is supported by several bearers of intellect in the concerned field of study.

Art. 27 of the Regulation requires the court second seized to stay its proceedings until the court first seized has established its jurisdiction. This provision seems to give ample room for parties to commercial matters in particular to take advantage of the loopholes available in the legal framework established under the Brussels Regulation which is best explained by explanation of the term ‘Italian Torpedo’.

Art. 27 while intending certainty has ended up providing an avenue for a rat race of sorts to the court house for the parties having a dispute in civil and commercial matters as well as those that wish to obstruct the course of justice. A party seeking to prolong the outcome of the dispute can approach the court of a member state which otherwise on the merits of the case may not have the requisite jurisdiction to hear it (e. g. Italy); and where the hearing and official determination of only the jurisdictional issues may possibly take long enough to frustrate the objectives of the party seeking an early resolution or remedy for the mischief of the other party.

In the Transporti Castelletti case where a Danish shipping company had to contest a jurisdictional issue before the Italian court for eight years when the receiver of the cargo under its Bill of Lading brought proceedings in Italy this notwithstanding the fact that the Bill of Lading which it delivered to an Argentinean shipper for voyage from Argentina to Italy had explicitly mentioned a ‘choice of court clause’ favouring England. This outcome does beg the question if there are any provisions that guarantee a fair and speedy delivery of justice. This requirement seems to have been overlooked even by the European Court of Justice, specially, with regard to the lack of efficiency which the Italian courts have shown in dispensing speedy remedies.

This issue was once again put to test in the Erich Gasser GmbH v MISAT Srl which was pertaining to patent rights and also involved a ‘choice of court agreement’ (Art. 17 of the Brussels Convention) whereby the parties are free to choose which court shall have exclusive jurisdiction or if the parties require they may even make it a non-exclusive jurisdiction clause by stating the courts that shall have jurisdiction.

Gasser an Austrian firm and MISRAT an Italian Company had submitted to the exclusive jurisdiction of an Austrian court by virtue of statement granting jurisdiction to the Austrian court contained in all invoices transacted under by the parties. But knowing that there was a possibility that Gasser may file a suit under the choice of court agreement, Misat with the intent to prolong the proceedings and the outcome of the case sought to invoke the jurisdiction of the Italian court and filed a suit there thereby making it the court first seized of the matter.

The case was pending before the Italian court for a period of eight years simply to have its jurisdiction established though it could be seen from the invoices transacted between the parties to the dispute that there was an explicit clause which was as per the provisions of Art. 23 namely, i. the agreement was in writing; ii. in form with accords with practices which the parties have established between themselves; or iii. in international trade or commerce in a form which accords with a usage of which the parties are ought to have been aware and which is in widely known in such trade or commerce or regularly observed by the parties to the contract of the type involved in the particular trade or commerce.

3. Preclusion of jurisdiction under the English Law and EC law: Under the traditional English law, when the court finds itself to be the more appropriate forum it may grant an anti-suit injunction i. e. an injunction restraining a party from instituting or pursuing proceedings in another court, which is generally sought by defendants in foreign proceedings praying that the matter be decided in England where the grounds for injunction can include: unconscionable behavior, ends of justice and contractual reasons i. e. arbitration agreement.

In contrast to the English law under the Brussels Regulation the court 1st seized will determine its jurisdiction first and the courts 2nd seized shall (despite having jurisdiction over the matter on all relevant grounds) stay its own proceedings and not be permitted to issue any anti-suit injunction and will have to await the determination of jurisdiction by the court first seized. This despite the fact that the proceedings in the court first seized might be brought in bad fait and to frustrate the proceedings of the court second seized. (Based on the view of the ECJ that the states must trust each other, which seems like allowing the interest of justice in favour of an individual, as in Turner v Grovit to be overlain by the interest of the state)

Scope of jurisdiction in recognition and enforcement of judgments: A court cannot recognize or enforce a judgment without the requisite jurisdiction. The set of rules applicable would depend primarily on the country where the judgment was given. Recognition under the traditional law operates without impediments as regards judgments from many countries including many of the Middle Eastern countries, the non-common wealth countries including therein the us, Asia and Africa. Enforcement under the common law is dependent on bringing ordinary proceedings, whereas, the statutory regimes require specific procedures i. e. Registration.

In contrast to the English law, under the EC law on recognition and enforcement contained in Chapter III of the Regulation, jurisdiction is available only in civil and commercial matters; where the judgment is given by the court of a member state, the EC law will only give recognition and enforce those judgments that are given under the Regulation. Where unlike the common law there is no special procedure for recognition and enforcement; yet the number of defenses, are limited.

Critical Analysis: One critical aspect in favour of forum non conveniens is the noble and paramount objective namely, the interest of justice, which would have rightly served the need of cases like Gasser and Turner v Grovit had the objective of the EC law been so. In that, the requirement of maintaining comity amongst nations is given preference over doing justice to the parties, a codified structure and interpretation thereof seems to overrule the requirement of practicality and logic.

Due to cases like Gasser, there is a possibility that the reasoning of the European Court of Justice may be able to change the meaning behind the maxim pacta sunt servanda giving rise to instances where the terms contained in the express contracts like, jurisdiction agreement may be ignored or subverted in pursuance of sinister objectives like causing delays; frustration of commercial enterprise and cause heavy losses.

There are certain provisions in the Regulation (for instance Art. 22 (4)) that run contrary to the objective of the EC law as stated hereinbefore, while leaving many questions unanswered. It may also be argued that the definition of lis pendens in Art. 27 is quite technical and mechanical, being hinged on the 1st seized rule implying a first come first serve basis of justice, whereas in the traditional English laws there is no requirement of a definition; can deal with most problems with the help of discretionary rules. But matters like anti-suit injunctions under the traditional rules run contrary to modern objectives like comity of nations

The Regulation excoriates the application of the domestic laws on jurisdiction by member states under circumstances where the Regulation is applicable. Though the intention is to help parties to civil and commercial matters discern their rights and liabilities lie; but in doing so the EC law has in fact taken away much of the English Court’s discretionary power, as is evident from the outcome of the Owusu case.

Conclusion: It is submitted that it is not only the difference of attitudes or manner of approach that differentiates the traditional English law and the EC law on jurisdiction; but also the nature of these rules which as regards the EC law on jurisdiction is mandatory unlike- the traditional English law which is discretionary.

What Are Different Advantages Of Using A Real Estate Attorney  

While searching for real estate or trust attorney, many people wonder about their future. Fortunately, online helps to grab a huge idea or hire them and even ask for suggestions to appear. When you are searching, and then check out some following resources. A trust is effective and fiduciary arrangement therefore it allows trustee and third party in order to hold down different assets especially on behalf of other beneficiaries or beneficiary. Meanwhile, trust attorney can arrange their case in a different way, especially to specific when and how assets pass to people. They avoid probate, this may allow to gain more access to profitable assets and even more quickly. Additionally, attorney considered part of fewer taxes and taxable estate due to death.

You can even specific wealth and terms of attorney precisely. For example, trust attorney Walnut Creek makes arrangement of revocable trust. On the other hand, probate is public record, but trust allows every asset in order to pass outside and even remain private. Possibly, this will reduce cost of taxes and court fees in their process. Some basic kinds of trusts are a trust or Marital trust, B trust, or bypass, testamentary trust and many more. Marital trusts are designed mainly to offer advantages to spouse and generally it include in surviving or taxable estate. Bypass trust commonly refers as Credit Shelter trust, this often established to B trust and estate attorney to make complete use of tax exemption or federal estate. In addition, a testamentary trust is created after death and their funds are mainly subject to transfer taxes and probate and often it continues according to demand of subject to supervision.

Basic Trust Lawsuits

 Irrevocable trust also designed mainly to exclude proceeds of life insurance as well as to offer liquidity to trust beneficiaries or estate owners. When you are waiting for help to put claims together on estate plan, then probably considered selecting an estate planning professional attorney. This also referred as law or trust attorney or even probate attorney. Meanwhile, federal laws, educate about process of probate and planning attorney this all will assist people with some following tasks such as designating with different beneficiaries, developing a will, creating a durable estate attorney as well as medical power of attorney. Then find ways to avoid or reduce estate tax amount as possible. In additionally, finding methods to completely negotiate court process.

Usually, setting up planning, trust attorney needed to protect all assets and even bring own advantages during lifetime. With help of trust attorney Walnut Creek make an individualized plan on depends on your valuable needs. This plan offers legal and valuable advice for critical stage. Always work with reputable and experienced people who have detail, knowledgeable about planning laws, ensuring decisions while approaching with a professional. Also access to the best person who can easily serve as a possible resource for changes, concerns, questions as well as updates. Usually, estate planning become complex one or consumes more amounts, in that case get some help from best professional. When you might feel to get change from expertise, professional then consider enlisting of planning lawyer.

Legal representative for unfair death or Essure Bleeding

The legal representatives of product responsibility in US are reconsidering prospective lawsuits for American folks who have undergone serious bleeding problems while using the product Essure. Financial damages may be offered through a Essure lawsuit lawyers as a consequence of the breakdown of passably notify about the risks allied with the anticoagulant.  The FDA warning is also seen as the “Black Box Warning” at the packet of the drug. So, get yourself aware of the very dangerous effects of the Essure. In fact, if you have ever suffered with this then you can file a lawsuit and get compensated for the sufferings.

 Essure lawsuit has benefited many innocent victims of this drug who were unaware of its side effects and were also not sufficiently warned. However, FDA has rejected the new use of this Essure drug and indicated as hazardous for use.

Which health hazards of Essure led to law suits?

Essure is a kind of blood thinner used as prevention for formation of blood clots in heart, lungs and other part of body may be due to replacement surgery. It has several other side effects like black or red stools, Vomit through blood, red, brown or pinkish colored urine, extreme pain, swelling and damage at sites of wound.

It was felt that there was an extreme level of carelessness exhibited by the manufacturer of this drug by producing defective products and not giving sufficient warning to its purchasers. They are considered responsible for many deaths and health injuries caused due to this since its launching in market from year 2011. The main defect of this blood thinning drug is that it does not have any reversal medicine of it which may control its action.

US FDA has resulted in serious kind of warning commonly called ‘black box warning’. A Schmidt firm, LLP is providing free consultation for all the victims of the Essure. They announced that any such victim and their relatives may contact them for free case and filing their Essure lawsuit for hiring their lawyers.

What are the dangerous side effects of Essure?

Essure along with other blood thinners is also known for dangerous internal bleeding which is probably uncontrollable and can result in serious conditions threatening to life. One major disadvantage of using this drug is that others drugs have their reversal but drug do not posses any reversal. Doctors at hospital may struggle for controlling severe bleeding of the patient for weeks. From the time being this drug has been from the year 2011, many people have suffered from serious injuries and even deaths. While taking Essure, it is generally advised to avoid any medical or dental surgery, which may involve bleeding; because it becomes very complicated for the surgeon to handle the situation of uncontrollable bleedings. If one is using Essure, he must inform his consultant doctor beforehand. Apart from bleeding it may also result in several other problems like difficulty in breathing, reducing the level of haemoglobin in body, causing cerebral haemorrhage etc. These all symptoms of Essure make this drug dangerous for using.


The Benefit of Hiring an Attorney to Assist You with Your Property Damage Claims

Property damages are a subcategory of the financial damages that may be recuperated in a personal injury claim.  Property damage claims are sometimes dealt with separately from your injury claims and will incorporate damage to your vehicle and to anything in the car that may have been damaged in the incident. To illustrate, in the event that the car was rear-ended and objects in the trunk were damaged, your property damage claims would incorporate the value of these items.

The Trouble With Property Damage Claims

Accident victims are frequently under compensated for damage to their personal property. This because there is often a disparity between the ‘perceived economic value’ of personal property and its real value to you.

To illustrate, if you purchase a car for $20,000, its perceived economic value might very well decrease to a mere $15,000 the instant you drive it off of the lot. If afterwards you are involved in a car accident wherein the car is totalled, you will only be able to recover the $15,000 perceived economic value of the car, $5000 less than what you paid for it and its real value to you.

If your car is damaged but not totalled, you would be entitled to be compensated for the full cost of any repairs, plus any decrease in the car’s value due to damage it has suffered. Nonetheless, while you may have receipts to establish the expense having your car repaired, you will need expert testimony to determine how much perceived economic value your car has actually lost on account of it being in an accident.

Furthermore, compensation for the cost of repairing your car will be limited to its perceived economic value, regardless of how much more you actually paid for the car or the repairs.

So as you can see, property damages claims are complicated and can be a big hassle. Even more so because you may need to hire an expert to testify to the actual value of your car.

The Benefit of Hiring an Attorney to Handle Your Property Damage Claim

You are not required to hire an attorney to help you handle a property damage claim, especially since in some case, this may actually fact cost more than the car is worth.  However, if you feel that you are being treated unfairly the insurance company you may benefit from the knowledge and experience of a personal injury lawyer who is familiar with handling auto accident claims.

Personal injury attorneys enjoy working relationships with certified and credible industry experts who will be able to give an unbiased assessment of your damaged property and testify to its actual value. Besides that, an experienced personal injury attorney will be aware all strategies insurance carriers use to devalue your property damage claim and can ensure that you are dealt with fairly and that you get the maximum amount permissible under the law for your property damage claim.

Could Your Home Be Contaminated?


How many times have we watched a news item where someone just found out that there home was the site of an old toxic dump or had been a meth lab before they bought it? Almost every time that they interview the owner they say the same thing, “I didn’t know my home was toxic.” If you watch enough of these reports you begin to wonder if your own home or office is contaminated.

There are so many things that we have discovered after the fact are dangerous for us, how can we know for sure? One contamination we know for certain needs to always be removed is asbestos. But so many old homes have this built into the home. How can we get compensation for this outside of contacting an asbestos law firm to conduct a lawsuit on our behalf? Truth is, you probably will need them. But first you need to know if you have the toxic material.

Asbestos Use in the Past

You need to begin your investigation by finding out what year your home was built. Home construction primarily saw engaged in asbestos insulation between 1930 and 1950. This will give you a good clue for asbestos contamination. Some homes had asbestos shingles or used asbestos cement prior to these years, but if your home was built between these two years and does not show decontamination, you might want to have it checked. Since asbestos was banned in 1977 any home built after that year should be uncontaminated.

When Is Asbestos Dangerous?

Although no one wants to be around asbestos because of the dangers inherent in it, it isn’t truly dangerous unless you are openly exposed to it. Asbestos that is contained within walls and other similar situations are probably not as hazardous though any exposure could be risky. Knowing if the home you live in has asbestos insulation is important if you plan to do any renovations as that will expose you to the deadly material.

Hire a Professional

If you do find yourself with a home that was built during the years that asbestos was commonly used, and you have good reason to believe your home is contaminated, don’t try to remove it yourself. The material is very toxic and unless you have been trained you can easily find yourself with deadly medical problems as a result of exposure. Always hire a professional asbestos removal expert. In the end it is best to be safe rather than sorry.

Bail Bonds could get you out of a sticky situation

If you are ever unfortunate enough to be charged with a criminal offence, then you will probably be required to post bail in order that you can be released from custody until the date of your trial.

The system of bail is a way of ensuring that people who are facing criminal charges do not abscond or leave the jurisdiction of the court ahead of their trial date – effectively it is a financial guarantee that you will appear to the face the charges leveled against you.

Depending on the severity of the charges against you, the value of the bond may be set at a price that is more than you can afford. This may mean that in order to be able to post bail, and secure your release, you need to borrow the amount required. While some banks and other mainstream financial services companies do lend for the purposes of posting bail, they are often reluctant to do so unless you have a very strong credit history and financial position. For people unable to secure the required loan from a bank or financial services organization the services of a bail bondsman or bail bond agent may be able to help you out of a difficult situation.

A bail bondsman or bail bond agent is any individual or company willing to pledge the financial surety that is being required by the court. This is a specialist product designed for people who likely to be in financial difficulty and juggling a lot of commitments, so the lending criteria and repayment terms are structured in a way to make the facility as affordable as possible for people who need it most.

Each jurisdiction will have slightly different requirements and procedures in relation to the setting and payment of bail, so it is important to choose a bail bond provider that is local to the jurisdiction in which you have been charged.

For example, if you have been arrested and charged in Houston in the state of Texas, then you need to find a provider of bail bonds in Houston to ensure that they are able to assist with your specific circumstances.

While it is always advisable to try and stay out of trouble whenever possible, sometimes the circumstances in which you find yourself are beyond your control. At these points of your life it is important to have the support, advice, and guidance of professionals that you can trust.