Linklaters sues Gianni after being hit with Credit Suisse-Parmalat writ

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  • To Euroscep Tick:
    Our criminal system works well, at least as well as the US or UK. Examples of bad cases can be found in any jurisdictions (OJ Simpson? Sign of "intellectual povert"?) and to use it as an example of "intellectual poverty" is an example of bad judgment or bad faith.
    Finally, I mentioned "bias" just to avoid to sound..biased, but frankly, as I assist non-Italian companies against Italian companies, my experience on the reasons why you have lost all the time you had to paly against Italians is probably because ...your counterparts had a better case.
    I frankly hope you can reconsider you initial statement.

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  • To Roman Fan:
    Didn't Cicero find himself on the proscription list? Is that the Roman law you wish to lecture about.
    "You have no right to kill me soldier, just do it properly" - rough paraphrase of Cicero's last words before he was murdered in accordance with Roman law.
    BTW, are you confused about me being clear, or are you clear about being confused.
    A second BTW: do you know what a proscription list was in those hale old Roman times?

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  • OJ Simpson? Intellectual poverty? Goes without saying, it was a jury decision.
    I can't reconsider my initial statement as it's what I experienced. Another good one is the Molins case, where an Italian judge granted permission to serve proceedings urgently in England because, and this is serious, it would be difficult to serve during the holidays.
    Although, @Anonymous, I don't really find Cicero that relevant. Especially when you consider his speech in defence of Sextus Roscius of Ameria against accusations of parricide; given Roscius Sr's name was on a proscription list, you'd've thought that that was a case for summary judgment (i.e. a duty to kill), rather than diverting into a side-issue of the Sullan revenge mission.

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  • To Anonymous:
    Do you really want to get into that? Do not know which country your are from, but I have no doubt that the situation in the history of your place was not any better, and surely as far as a legal system is concerned, was much worse! Roman law is Roman law is Roman law.
    Cicerone (not Cicero, sorry) was a great lawyer and was not certainly "intellectually poor". Equally unbearable proscription lists have existed everywhere.
    You said you are confused and I was just ackowledging it.

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  • Marcus Tullius Cicero (not Cicerone - that's the ablative) was certainly not intellectually poor, but the legal system was somewhat different then...more about politics than evidence.

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  • To Roman Fan:
    Ahh, finally, the ad hominem attack - when all else fails, respond by name calling.
    So, if there were proscription lists that were unbearable elsewhere, then Rome was no better than the other places. Well done, you have shot yourself in the foot.
    So, to Euroscep,
    if it was more about politics than evidence, I agree - and so you have scored the point against Roman Fan.
    Anyway I am going with Mithradates to a party at Silvio's.
    Lotsa' love

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  • To anonymous:

    Quousque tandem abutere, Catilina, patientia nostra?

    That is curious...a direct offensive attack to the "intellectually poor" Italian legal system ...and that it would be mine the first direct attack?

    You must be indeed be a fan of the Italian PM, in any sense. Reversing roles...

    Marco Tullio Cicerone would have said at this point:

    An, si homines ipsos spectare convenit, non modo cum summis civitatis nostrae viris, sed cum infimo cive Romano quisquam amplissimus Galliae comparandus est?


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  • To Euroscep Tick:

    A jury decision? Well then you are saying that a jury decision could reach these lows? That - in the way in which you reason - should mean that a system which allow "common people" to reach such wrong decisions is an "intellecutually poor" legal system, should not it?

    As for the peculiar decisions, should we start counting the wrongful death penalties which have been issued with incredible faults and negligence in the investigations?

    Or should we concentrate on legal systems rewarding million of dollars to idiots spilling hot water or coffee on their legs while driving?

    Well, that would be the result using your logic.

    This whole exchange of comments was just due to your ingenerous comment about the Italian legal system being "intellectually poor". I should be would demonstrate intellectual honesty by withdrawing it.

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  • To Roman Fan
    Exactly what tense is "I should be would" ?

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  • You raise US jury decisions (and the coffee case is VERY different, incidentally) to defend the Italian system? Tu quoque is not a defence.
    Let's put it this way. English contract, English language, English law clause, exclusive English jurisdiction clause. Performance in England, contract signed by English and Italian parties. According to an Italian court, the natural forum for that case was Italy...

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