"Vulture Lawyers" and "crazy" legal claims.

Should litigation lending be outlawed?

  • Yes-stop the ratbag claimants in their tracks

    Votes: 7 21.2%
  • No- let's help out these hedge funds and lawyers in making a quid in these tough times

    Votes: 5 15.2%
  • Depends on what litigation the funds are used for

    Votes: 11 33.3%
  • I don't know or care and I'm not going to read the link to that trashy Murdoch rag The Australian

    Votes: 10 30.3%

  • Total voters
    33
Tell that to Barry Mannix I think his name was from the Gold Coast back in the 80's. He wasn't even "arrested" at the time of his 12 hour "questioning" to which he (as a 19 year old) confessed to murdering his own father (wrongly it turned out- he didn't even know the 3 blokes who robbed his father's shop and shot the father.)
Spent a long time in jail- pre trial- until by luck the three were caught after the murder of a prostitute and the truth came out- repercussions for the police involved? nil- because the Police service and the now defunct Police complaints tribunal shared the exact attitude you have just articulated.

And that's just one of many stories I know of. I have lived a normal life but I have been exposed through my work to various social stratas so I have an idea of how scary it is to have a society mobilize against you when you are accused (either rightly or wrongly) of a crime.Police will frequently think the law doesn't apply to them so they need to be held accountable in all instances.
I remember Western Australia had a high deaths in custody ratio- no real concern to anyone but young aboriginal males (and their families I suppose). A bit rough since we got rid of the death penalty in the 196o's I think.

EDIT: Just saw this- but of course he had it coming and I'm sure it will be sorted out to the satisfaction of all in the upcoming legal proceedings
http://www.news.com.au/national/man...n-dies-in-sydney/story-e6frfkvr-1226302868915

Now back to the topic-litigation lenders. I'll wait a few more posts /votes before a give an example of how it works in real life.

Cu@thetop. I normally find your posts spot on, but this is off the mark by a long way.

We know nothing about the incident, other than it is a tragic outcome for all. Police immediately responded to a robbery relying on the information that was available. Police located a man who may have matched the description of the suspected robber. The guilty/innocent person may have resisted arrest and use of force options were used. The person died during this arrest. What the **** are you suggesting they did wrong? Maybe two years of analysis by staff behind a desk will find a deficiency in how 20 seconds of immediate response unfolded. Would you withstand such scrutiny? Perhaps you should be targetting the robbers and not the people who turn up to assist us.
 
Cu@thetop. I normally find your posts spot on, but this is off the mark by a long way.

We know nothing about the incident, other than it is a tragic outcome for all. Police immediately responded to a robbery relying on the information that was available. Police located a man who may have matched the description of the suspected robber. The guilty/innocent person may have resisted arrest and use of force options were used. The person died during this arrest. What the **** are you suggesting they did wrong? Maybe two years of analysis by staff behind a desk will find a deficiency in how 20 seconds of immediate response unfolded. Would you withstand such scrutiny? Perhaps you should be targetting the robbers and not the people who turn up to assist us.

Fair comment because it is early days but we see here a man dead after police involvement. I am not a big fan of so called "non lethal" weaponary as the police are more likely to employ it and frequently it can be lethal due to a medical condition in the recipient. Don't get me wrong- a bit of argy bargy is acceptable for police to bring a resisting perp under control-but the notion that police always do the right thing so need no supervision is wrong (I am biased as I was brought up in Qld in the 80's).

If I saw a wrestling match between a single cop and a perp here in Qld I would probably weigh in if asked by the copper.

Would I withstand sustained scrutiny? Probably not. The difference is when I stuff up it is usually fixable with money and accordingly reversible.
 
EDIT: Just saw this- but of course he had it coming and I'm sure it will be sorted out to the satisfaction of all in the upcoming legal proceedings
http://www.news.com.au/national/man...n-dies-in-sydney/story-e6frfkvr-1226302868915
.

That;s a bit raw no one knows what happened there ,when you think what a day would be like for a Policeman-Lady and not knowing if he or she will come home each day you would have to be very hard to last till 55 and get the super payout because i know upfront from within the inner circle of my family that a lot burn out and don;t make it passed 50,and i also grew up in Qld in the 1970's
and 1980's ,it works both ways and inbetween what do you have??..
 
Oh what a load of nonsense.
In the heat of the moment, the impartial Police's opinion over-rides the citizens opinion. That's the bit most people with attitude struggle with.

BS.
Citizens have rights and it is the job of the Police to respect and uphold those rights.
And because they are police they should be under much more rigorous scrutiny and held to a higher standard than Joe Citizen.
The police force has it's share of thugs like any community.

That;s a bit raw no one knows what happened there ,
Yes we do: A person got tasered to death carrying a pack of biscuits.
Untrained noobs or plain idiots.
 
BS.
Citizens have rights and it is the job of the Police to respect and uphold those rights.
And because they are police they should be under much more rigorous scrutiny and held to a higher standard than Joe Citizen.
The police force has it's share of thugs like any community.


Yes we do: A person got tasered to death carrying a pack of biscuits.
Untrained noobs or plain idiots.

I don't know the story behind this.
I cannot imagine anyone who complies with the police being tasered.

It's no different with landlords.
Landlords do not evict good tenants.

It's when the "I know my rights" speel starts....there is usually a problem.
 
I don't know the story behind this.
I cannot imagine anyone who complies with the police being tasered.

It's no different with landlords.
Landlords do not evict good tenants.

It's when the "I know my rights" speel starts....there is usually a problem.

The major 'I know my rights' spiel usually begins in the (alleged) case of racial prejudice by the Police. I guess the tasered guy is dead now so we can't ever know for sure...
 
BS.
Citizens have rights and it is the job of the Police to respect and uphold those rights.
And because they are police they should be under much more rigorous scrutiny and held to a higher standard than Joe Citizen.
The police force has it's share of thugs like any community.


Yes we do: A person got tasered to death carrying a pack of biscuits.
Untrained noobs or plain idiots.
That's a matter for them to sort out,and with all the cameras that are out there they would have this "LIVE" from start to finish,you may know the facts i don't
and i do pity the Man but until the facts come out and as cameras dont lie,i'll wait till then..
 
I don't know the story behind this.
I cannot imagine anyone who complies with the police being tasered.

It's no different with landlords.
Landlords do not evict good tenants.

It's when the "I know my rights" speel starts....there is usually a problem.

people do dumb ***** to tohers all the time

the job title they hold does not mstop them from doing so

even lo & behold the holiest of the holy - the residential landlords have made mistakes and done stupid things.

even cops have proved to be as human as everyone else in the world


I mean I love myself too and like to think I'm great and fair and stuff, but come on, no landlord or police office is incapable of doing anything wrong, no one seriously believes this do we ?

I gotta learn to just avoid these topics, no good comes form them, people just argue with others over how good they are and how bad the rest of the population is.

enjoy
 
Nice link Terry - Thanks!

And on the topic at hand my answer would be "no".

There is enough govt regulation already telling us what we can and can't do. To me things should only be outlawed if they really, really need to be. And in this instance there could easily be highly worthy cases where litigation lending would be most useful.
 
Nice link Terry - Thanks!

And on the topic at hand my answer would be "no".

There is enough govt regulation already telling us what we can and can't do. To me things should only be outlawed if they really, really need to be. And in this instance there could easily be highly worthy cases where litigation lending would be most useful.

I'm not into the lending myself- I just carry the case for a few years and bill at the end with a bit of a mark up but still a lot less then the big boys do (I know as I use the same barrister as them and have also read their client agreements).. Bad business but helps for referrals I suppose.

I spoke to a family lawyer about litigaton lending- wife separates and comes to lawyer- assets mostly in husband's name. Lend 100k against wifes expectant 50+% entitlement; 50k to wife and 50k to lawyer upfront before proceedings filed. Interest about 15%p.a.

If I did family law I would just wait till the end (sale of house) before billing client. Better for the client but my accountant keeps telling me to start looking after myself......
 
emotional shock of living at the in laws for a week

Please accept my sincerest condolences.

As far as litigation goes, as with pretty much any topic, there are two sides. Some litigation is justified, some isn't. Which is or isn't, is determined by the individual and there is no 'line in the sand' so to speak on a general level. Since we're on a property forum, for me, suing a landlord who deliberately ignores a repair (something that can't be easily fixed by the tenant and would cost thousands of dollars) and someone suffers serious injury as a result, okay.

Someone dingus slipping on a potato chip on the ground at Woolies? Not so much. My view is that there needs to be some sort of 'common sense' rule. A single chip that fell on the ground does not, in my view, prove negligence by Woolworths. You'd need an army of cleaners who were each responsible for a 5 square metre area to keep on top of something like that.
 
Please accept my sincerest condolences.

As far as litigation goes, as with pretty much any topic, there are two sides. Some litigation is justified, some isn't. Which is or isn't, is determined by the individual and there is no 'line in the sand' so to speak on a general level. Since we're on a property forum, for me, suing a landlord who deliberately ignores a repair (something that can't be easily fixed by the tenant and would cost thousands of dollars) and someone suffers serious injury as a result, okay.

Someone dingus slipping on a potato chip on the ground at Woolies? Not so much. My view is that there needs to be some sort of 'common sense' rule. A single chip that fell on the ground does not, in my view, prove negligence by Woolworths. You'd need an army of cleaners who were each responsible for a 5 square metre area to keep on top of something like that.

True- and it will come down to a matter of fact and degree. They know every day there will be a mess after lunch- it came from their shop- so the question is how frequently is a clean up reasonable.

As a side note the barrister I use didn't want to touch this but was ok with another case I thought was a dog with fleas. We shall see whose judgment is better.....
 
True- and it will come down to a matter of fact and degree. They know every day there will be a mess after lunch- it came from their shop- so the question is how frequently is a clean up reasonable.


and reasonable looking at the potential measures prospectively at the time of the incident...

Unfortunately all too often courts seem to look at an incident and when someone has become a paraplegic because they have slipped on a chip it is too easy to say; well it was reasonable that they have someone full time on chip sweeping duty because look what happened... The thing is, before the incident is employing a chip sweeper a reasonable course to adopt, not after the fact and what could have been done to prevent the incident. It really ***** me around workers comp because it is nearly automatic that you are at fault as the employer. Getting better now but still a fair way to go.

Edit: oh, and I am with you on most of what you are saying. Without people there to pursue peoples rights or facilitate this through various funding funding arrangements, there is not much point in having a rule of law at all, is there?
 
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BS.
Citizens have rights and it is the job of the Police to respect and uphold those rights.
And because they are police they should be under much more rigorous scrutiny and held to a higher standard than Joe Citizen.
The police force has it's share of thugs like any community.


Yes we do: A person got tasered to death carrying a pack of biscuits.
Untrained noobs or plain idiots.
http://www.news.com.au/national/six...hree-taser-shots/story-e6frfkvr-1226304632516

After seeing this I'm thinking lazy....
 

In the old days they would have shot him after the second time I suppose.

I agree some cops are rough but it is such a hard life being a cop. If we could reinstate a bit of respect for them in the courts perhaps the public might change their attitude.

Generally, honest people respect the police and the dishonest people don't, so most public contact for police is with dishonest people who hate them.

Not surprising they get hardened and cynical when the courts allow the deadbeats to abuse them and spit on them and let them off.

Police, Ambos, Nurses, Doctors etc should all be protected by mandatory heavy penalties, zero tolerance of abuse of any service public servant is the only way IMO
 
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