At the end of the year, coinciding with the month of court closure, eight cases represented by Jiangning lawyers of the Civil and Commercial Department were all handled to the satisfaction of the parties.

Zero tolerance for domestic violence, and successful application for personal safety protection order on behalf of domestic violence victimized clients

November 25th is the International Day for the Elimination of Violence Against Women, and on the same day, the Supreme Court issued the People's Court's Typical Cases Against Domestic Violence (the first batch), which further clarifies that mental violence is also domestic violence, and gives play to the advantage of rapid response of the personal safety protection order, and emphasizes the people's court's judicial activeness.

Domestic violence is not simply an internal family dispute, but a vicious incident that affects social security and stability. The client, Ms. Z, was beaten by her husband over trivial matters, resulting in trauma to her head, abdomen and tailbone, and the couple's relationship was also broken, but considering that divorce proceedings take a long time, in order to avoid the recurrence of violence, she applied to the court for an order for personal safety protection.

The lawyer assisted the client in collecting and sorting out the evidence materials according to the list of materials, and actively provided the evidence clues to the court after the case was filed, cooperated with the investigation and trial, and finally the client obtained the habeas corpus order as desired, which also laid the foundation for the subsequent handling of the divorce matters.

Assisting the client in avoiding hundreds of thousands of dollars of payment obligations in a dispute over the division of community property.

Client L lived with his ex-wife for a period of time to take care of their children after their divorce, and the property was divided verbally at the time of separation, which was not controversial. But a few years later, his ex-wife suddenly sued for the division of cohabitation during the purchase and registered in the name of L a set of real estate, the court ordered L to pay hundreds of thousands of housing compensation to his ex-wife, the second trial remanded for retrial, the contractor lawyers at this time to intervene in the case.

After analysis, the contractor lawyer that the two sides should be cohabitation relationship dispute, and the ex-wife split the property and choose the location of the property lawsuit, is to avoid the cohabitation during the other transactions into the scope of the trial. Thus, after asking the client that the two sides in the cohabitation period to buy another property, registered in the name of the ex-wife, and there is a large amount of money exchanges, can cover the ex-wife's claim of the capital part of the case. Therefore, the contractor lawyer in the ex-wife's location to the cohabitation relationship separation of property disputes in a separate lawsuit, and will be the two cases with the two judges for many times, requesting a combined trial. In the end, the court will be the two sides during the cohabitation of property are included in the scope of the trial, and ordered one person a property, no longer pay compensation, the client is very satisfied with the results of the case.

Inheritance dispute case, the plaintiff withdrew the lawsuit after two hearings on behalf of the defendant.

After the death of client S's parents, his brother took out a bill of division from 30 years ago and claimed that the property where S was living should be divided according to the agreement on the bill of division. Although the property in question was originally built by the client's father, but more than twenty years ago, the original house has been demolished, S is now living in the property is only geographically similar to the original house, the corresponding building procedures and expenses are S is responsible for, is not a parental inheritance.

The case of the initial hearing, taking into account the relationship, S is willing to give his brother a certain amount of compensation, hope that the court mediation, but the amount did not reach agreement. When the court again, the contractor lawyer collected the case of the property's history file, tax payment certificate, deed tax voucher, land payment voucher and other materials submitted as evidence, at the same time, the client no longer agree to mediation. After the court, the plaintiff immediately withdrew the lawsuit, stop the dispute.

Execution of the dissenting case, on behalf of the client successfully resumed execution

The Supreme People's Court on the people's courts on the implementation of a number of public provisions of Article 14 of the people's court ex officio to end the implementation of the procedures provided for. Client Y applied to the court for compulsory execution in accordance with the effective judgment, no progress for a long time, the contractor lawyer found on the network has been published in the final execution of the ruling, so on behalf of the client to submit the implementation of objections.

When the case was heard in court, the attorney-at-law discussed the illegality of the act of termination of execution from the perspectives of entity and procedure, and the relevant opinions were adopted by the court, and successfully assisted the client to resume the execution.

Subrogation of insurer dispute case, the defendant rejected the plaintiff's claim.

A client, a logistics company, was involved in a traffic accident involving a large vehicle, and the driver involved died in the accident and was found to be secondarily responsible. The insurance company of the driver involved in the accident assumed responsibility and claimed compensation from the client and its insurance company. According to the law, the logistics company should be held jointly and severally liable.

The contractor lawyer analyzed the plaintiff's claim in detail, and found that the costs claimed by the plaintiff included property loss, personal injury loss, interest costs, assessment fees, litigation costs, etc. After screening the claims that did not belong to the insurance company's claim scope one by one, the contractor lawyer published that the personal injury loss should not be applied to subrogation, the interest costs should not be part of the scope of the claim, and the assessment fees belonged to the insurer's necessary costs incurred in the claim procedure, which should be borne by the insurer itself. Should be borne by the insurer's own defense. In the end, the court adopted the relevant opinions and ordered the logistics company not to bear any compensation liability.

Legal aid case, representing the workers to confirm that the employer had unlawfully terminated their employment and obtaining compensation.

Clients F and T had worked for a state-owned enterprise for more than ten years and received notices of termination of their labor contracts during the epidemic, informing them that they had been dismissed for serious violations of the company's rules and regulations. The reason given by the employer for violating the rules and regulations is "not in accordance with the provisions of the written sick leave certificate issued by the designated medical institution to fulfill the leave procedures", but the contractor lawyer combed through the evidence and found that the two clients have been in accordance with the provisions of the company's system to apply for sick leave and approval, only because the medical structure of the leave is not a designated medical institution, the two sides dispute. The two sides dispute.

Undertake the lawyer that, during the epidemic due to the sealing and control of reasons for mobility, the nearest clinic is normal, non-designated medical institutions does not mean that the diagnosis of false, and the client also complied with the company's rules and regulations, the unit is unlawful to discharge. In the end, the client got the compensation as he wished, and specially presented a silk banner to the lawyer to express his gratitude.

Consumer protection case, representing the plaintiff to get one refund and three compensations.

Article 55 of the Consumer Protection Law clearly stipulates that if the operator provides goods or services with fraudulent behavior, there are punitive compensation measures, which is also commonly known as "one refund and three compensations". In recent years, the rise of micro-business, but due to the lack of regulation and chaos. Client G was introduced by a friend and purchased a series of motorcycle modification parts, including calipers, from a micro-business, costing hundreds of thousands of dollars in total. However, after comparison, it was found that there were obvious differences with the products of a famous brand. The micro-business agreed to return the products but refused to take the responsibility of compensation.

Due to the quality of the motorcycle modification accessories seriously affecting driving safety, G was apprehensive and appointed a lawyer to defend his rights. Thereafter, the micro-business was found to have sold counterfeits in the course of litigation, and he successfully obtained the compensation payment.

VIII. Service contract dispute case, assisted the client to reach mediation, and recovered part of the service fee

Client D signed a service contract with an educational consulting company, agreeing that the company would provide D with employment counseling and guidance services and promise to obtain internships and full-time work opportunities for her in a certain country. Thereafter, although the company provided part of the counseling and guidance services and implemented the personnel internship opportunities, it did not assist D to implement a full-time job, and according to the contract, it should return part of the service fee. However, the company refused to return the service fee, arguing that the failure to implement a full-time job was due to D's lack of cooperation and his early return to his home country. Therefore, the attorney-at-law filed an arbitration case with the Arbitration Commission on behalf of the client.

During the hearing, the attorney responded to the company's defense, and the two parties reached a mediation under the auspices of the arbitrator, and the client got the service fee back as expected.

In the above cases, the contractor lawyer practiced King&Capital's service concept of "pursuing excellence, living up to the trust", tried his best to solve the problems from the client's point of view, and finally achieved good results, showing King&Capital lawyers' solid professionalism and work attitude of striving for excellence.