Tag Archive: court

  1. Specialized Appeal Court in Thailand

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    In 2015, the Court of Appeal for Specialized Cases was authorized by the Establishment of the Court of Appeal for Specialized Cases Act B.E. 2558 to try and decide cases appealed from specialized courts. The adjudication process involves a forum of judges with specific knowledge and expertise in each area and will create uniformity in the appellate adjudication.

    It must be noted that cases in which a judgment was rendered before shall follow the appeal procedure of the previously applicable law. On the contrary, cases where the appeal has been submitted, shall proceed in trial and adjudication. Regarding dispute over jurisdiction, the President of the Court of Appeal for Specialized Cases shall issue a ruling and it is considered final.

    The Court of Appeal for Specialized Cases has five divisions: Intellectual Property and International Case Division, Tax Case Division, Labor Case Division, Bankruptcy Case Division, and Juvenile and Family Case Division.

    Intellectual Property and International Case Division

    This division has the purpose of adjudicating cases that are submitted for an appellate review of a judgment rendered by the Central Intellectual Property and International Trade Court under the adjudication of judges with specific knowledge and insight in the field. Additionally, this division is empowered to decide civil and criminal cases regarding intellectual property and international trade. The types of cases include civil and criminal cases concerning trademarks, copyrights, and patents.

    Tax Case Division

    The Tax Case division is mostly about disputes between the public and private sector regarding the assessment or collection of tax and revenue by public officers. The forum of judges then consists of those that have specific knowledge and insight on tax problems. The types of cases that are filed to the Court are appeals against any decision of any competent officer, claims by the state over tax and revenue debt, or tax refunds.

    Labor Case Division

    Cases in this division are about disputes between employers and employees, for example regarding employment agreements, or rights of employers and employees under the labor protection law and labor relations law. This also includes an appeal against a decision of the competent official under the law of labor protection and cases arising from wrongful acts between employers and employees. Therefore, this division is authorized to decide over the appeal of cases on labor law.

    Bankruptcy Case Division

    The Bankruptcy Case division is authorized to adjudicate bankruptcy cases according to the law on bankruptcy. This division can also decide over appeals of civil cases and criminal cases under the bankruptcy law.

    Juvenile and Family Case Division

    This division is empowered to review the appeal of a judgment or order by the juvenile and family court by applying the provision of the Civil Procedure Code or the Criminal Procedure Code. However, appeals are prohibited when the judgment is concerning a child over ten years but not over fifteen years of age, or the change of criminal punishments into lenient punishments for minors.

    Cases that are filed to the division concerning criminal offences committed by a minor, cases that are transferred by the Court having jurisdiction over the case, family law, well-being protection cases, or cases that a minor shall be tried before a juvenile and family court.

    If you have any questions regarding this matter, feel free to contact us at [email protected]

     

  2. Hua Hin Court rules on Airbnb in Thailand

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    A court in Hua Hin, Prachuap Kirikan Province, has decided that Airbnb is illegal in Thailand, and thereby added to the uncertainty connected with the use of this very popular app.

    Airbnb is a US-American company founded in 2008. It operates in the hospitality field and offers an online marketplace for individuals to rent or lease out their accommodation on a short-term basis.

    In fact, the court has decided that people who rent out their rooms via Airbnb on a daily and weekly basis are acting illegally. Only rentals of 30 days or more would be, according to the court’s opinion, legal. The court ruling was handed down to the Wan Vayla Condo in Hua Hin district of Prachuap Khiri Khan province.

    Airbnb competes with surrounding hotels that are bound by rules and regulations of the Hotel Act B.E. 2547. Hotels have to obtain a hotel license. Therefore, they have to comply with specific requirements to ensure their competence; these requirements also include security standards that shall protect the consumer.

    According to the Hotel Act B.E. 2547, Section 4 “hotel” means an accommodation established for business purposes of providing temporary accommodation service for travelers in exchange for compensation. Temporary accommodation service means renting out rooms on a daily and weekly basis. This service requires a hotel license.

    On the other hand, renting out accommodation for one month or more is not considered as hotel business. The same applies to the offering of small residential properties with less than four rooms and less than twenty guests in total for a temporary stay. These exemptions allow the owner to earn additional income and are not restricted by law.

    Airbnb is a hot topic in the Thai hospitality industry whose interests are protected by an influential lobby. However, independent observers note that the new technology might have a positive effect on tourism and real estate investments. It will be interesting to see future developments in this matter.

  3. Court revokes EIA report on luxury Bangkok project

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    The Central Administrative Court has ruled against an environmental impact assessment (EIA) report of a high-end condominium development in the Bangkok Lumpini area, because it did not comply with the building control law and related regulations. The lawsuit was comprised of a group of 23 people and four agencies including the committee on building, land allocation and community service and the Office of Environment Policy and Planning.

    The court said the EIA report for the Mahadlek Residences Condominium project had been unlawfully permitted by a committee of specialists responsible for reviewing the report. The court ruled that the approval was unlawful and the ruling would take effect retroactively from April 3, 2014.

    In January, the Central Administrative Court withheld the project’s construction license. The license was distributed by City Hall’s Department of Public Works to the Office of the Privy Purse to construct the 41-storey condominium.

    The court said the Office of the Privy Purse is not a corporation, but a “unit” under the Bureau of the Royal Household with no power to pursue a license. This right is reserved for corporate companies.

    No project unit has been sold to the public yet, TFD CEO Apichai Taecahubol said.

    If you would like any legal help with your property purchase, please contact us: [email protected]