Lawyer Watch

There’s an interesting judgment involving two litigants in person just been published. Sir Alan Ward’s opening paragraphs have garnered a lot of attention:

  1. This judgment will make depressing reading. It concerns a dispute between two intelligent and not unsuccessful businessmen who, after years of successful collaboration, have fallen out with each other and this and other litigation has ensued with a vengeance. Being without or having run out of funds to pay for legal representation, they have become resolute litigators and they litigated in person. Some unlucky judge had to cope with the problems that inevitably arise in the management of a case like this. Here the short straw was drawn by His Honour Judge Anthony Thornton QC. He struggled manfully, patiently, politely, carefully and conscientiously. Many may not have done so. It is, therefore, hugely unfortunate that the appeal is launched essentially on the ground that the judge…

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Indian Commercial Law and Practice

It  is quiet common to find in American law centred contracts indemnity clauses which do not limit their scope to third party liability cover or statutory liability cover and instead become very broad statements encompassing all sorts of damages, claims, losses and legal expenses arising “directly or indirectly”  from “breach of the contract” or “negligence of performance” .   This trend may be more seen in IT services Agreement.

This raises the question if indemnity should cover  losses for breach of contract? Or should it limit its scope to covering losses or liabilities which in law can be claimed only from one of the parties? In common law, suit for damages (S 73 and 74  of Indian Contract Act, 1872) is the remedy available to the non defaulting party against the defaulting party to the contract. This remedy is generally available in law whether or not there is express provision in the contract…

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Legal Inforation Institute of India

Aside

The Legal Information Institute of India:
http://www.liiofindia.org is an international standard, free- access and non-profit, comprehensive online collection of Indian legal information. The prototype is open for public use.
The project is a partnership of four leading Indian Law Schools are the initial Indian project partners: three National Law Schools (NALSAR University of Law, Hyderabad; National Law
School of India University,
Bangalore; and National Law University, Delhi), and Rajiv Gandhi School of Intellectual Property Law, Indian Institute of
Technology – Kharagpur.

Failed Evidence

In a post here last week about the 5oth anniversary of the U.S. Supreme Court’s decision in Gideon v. Wainwright, I asked why the Constitution requires the state to pay for a lawyer for defendants who cannot afford a lawyer.   Here, we move on to another question: how does our society shoulder this burden?

We can answer that question in two ways.

The first answer is really an evaluation: we do not do it very well.  I kept my eyes open for stories about Gideon in the media and on the web in the last couple of weeks, and I found none saying that we were doing a great job.  Instead, the picture was bleak almost everywhere.  The New York Times’ recent stories on Gideon (here and here) were typical, recounting stories of people whose difficulties were made worse by inadequate or non-existent legal defense.   At…

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