The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
The class actions guide for Austria is presented in the form of key questions and answers. The questions are set out below. The guide can be accessed here:
The guide answers the following questions:
1. Outline the organisation of your court system as it relates to collective or representative actions (class actions). In which courts may class actions be brought?
2. How common are class actions in your jurisdiction? (Approximately what percentage of class actions do not settle and are adjudicated on the merits?) What has been the recent attitude of lawmakers and the judiciary to class actions?
3. What is the legal basis for class actions? Is it derived from statute or case law?
4. What types of claims (eg securities, environmental, competition, product liability) may be filed as class actions? (Have courts ruled that certain types of claims, such as minimum statutory damage actions, may not be litigated by a class?)
5. What relief may be sought in class proceedings (money damages, injunctive relief, disgorgement, restitution, etc)?
6. How is a class action initiated? (Does it begin with the filing of the complaint? Is notice with opportunity to cure required prior to filing a complaint?). What is the limitation period for bringing a class action? Can the time limit for bri
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This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance. Specific performance is an equitable, discretionary remedy which, if granted, compels a party to perform a contractual obligation. This Practice Note
This Practice Note provides guidance on the SRA Codes of Conduct, contained in the SRA Standards and Regulations, in force from 25 November 2019. The SRA Standards and Regulations include two Codes of Conduct—a Code forSolicitors, RELs and RFLs and a Code for Firms. The Standards and Regulations
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
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