In the name of peace and integrity? UK Government’s breach of the Protocol on Ireland/Northern Ireland — On Secessions, Constitutions and EU law

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The Protocol In order to keep the Irish territorial border between the Republic of Ireland and Northern Ireland frictionless, the relevant Protocol attached to the UK’s Withdrawal Agreement provides for a rather ingenious solution. The Protocol recognises that de jure Northern Ireland remains within the UK customs union, but EU customs legislation will still apply to the region…

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European Law

What’s the role of social media companies?

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Can we rely on social media companies to vet and clean up their content, so that misinformation doesn’t pollute the 2020 political campaign? Having concluded in a previous post that lawsuits can’t effectively stop Internet misinformation, we turn to social media companies as the next logical guard in the fight against misinformation. A lot of people…

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Internet Law

Plaintiff Prevails in Massachusetts Adverse Possession Claim Against Property Developer

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Gathering evidence to support an adverse possession action can be daunting, but a Massachusetts real estate lawyer can assist you in putting forth the strongest case possible.  The plaintiff in an August 29, 2019 case succeeded in establishing title by adverse possession to two separate areas of land abutting her property.  The Appeals Court of…

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Property Law

What is the Notice Period for Slip and Falls Claims in Ontario?

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If you have been injured in a slip and fall accident as a result of snow and ice, you should be aware of the notice period for slip and fall claims in Ontario. As of January 29, 2021, section 6.1(1) of the province’s Occupiers’ Liability Act provides a 60-day limit on anyone pursuing a claim…

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Canada Law

Does texting make you a terrorist in Turkey? European Court says no

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The European Court of Human Rights has determined in a landmark decision that the use of a messaging app such as ByLock does not automatically make someone a terrorist. Solid evidence is needed. This was decided in the Yüksel Yalçınkaya v. Turkey case, a milestone for the Turkish judiciary. In this judgment, the Grand Chamber…

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European Law

Jurisdiction For Tax Cases: Supreme Court Of Canada Draws The Line Between Federal Court And Tax Court Of Canada

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Questions on tax jurisdiction currently cause headaches for many taxpayers attempting to resolve a tax issue. It can be difficult to determine whether the Tax Court of Canada (“TCC”) or Federal Court (“FC”) is the correct jurisdiction for the appeal to be heard. This jurisdictional ambiguity has led to taxpayers concurrently commencing proceedings in both…

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Canada Law

A Lawyer’s Blog – Jon Michael Probstein, Esq.: EMOTIONAL TOLL NOT DURESS TO SET ASIDE STIPULATION

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NJL v. CAL, 2024 NY Slip Op 50140 – Nassau Co. Sup. Court 2024: “This case presents a sad and unfortunate set of facts. The important fact central to this application is not in dispute. The parties’ underlying matrimonial action was commenced on December 7, 2020. After two-and-a-half years of litigation, which included twelve (12)…

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New York Law

The Brexit deal locks the UK into continued Strasbourg Human Rights court membership

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The EU-UK Trade and Cooperation Agreement contains a number of provisions ‘locking-in’ the UK’s continued commitment to the European Convention on Human Rights (ECHR). As with many other areas, far from closing arguments about the ECHR and human rights after Brexit, the deal shifts them further down the road, writes Frederick Cowell (Birkbeck College). The…

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European Law

Best Home Deals? New Construction!

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While there still are residential home buyers waiting to buy until mortgage rates lower and with home appreciation prices slowing, there are nevertheless opportunities for homebuyers in the new construction market. Why? High construction costs, rising interest rates, inflation, and buyer concerns concerning job security all pose challenges to builders, According to the National Association…

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Property Law