Tag Archive: court

  1. How FRANK Legal & Tax Can Assist You – Litigation

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    As we offer various services to our clients, this series of articles intends to give you an overview on how FRANK Legal & Tax can assist you with your legal matters in Thailand. This contribution will provide you with an overview of our litigation services.

    Our commercial litigation specialists aspire to be among Thailand’s finest and offer a comprehensive, top-quality service for commercial disputes in Thailand and overseas. The team has experience in commercial law, in particular real estate law, and are equipped to handle even the most complex and wide ranging of commercial litigation cases.

    The commercial litigation services we can offer you are:

    Litigation/Arbitration/Negotiations

    The FRANK Legal & Tax commercial litigation lawyers are ready to assist in even the most complex of commercial disputes, ensuring they are familiar with all facets of your situation before entering into litigation, arbitration and/or negotiations on your behalf.

    Strategic advice

    If you are seeking advice on the best way to proceed in order to resolve your commercial dispute, call on the expertise of the FRANK Legal & Tax commercial litigation lawyers. We will advise on the most effective, least disruptive way forward for you and your business.

    Out-of-court negotiations

    Often, both parties in a commercial dispute would rather find an out-of-court settlement. We can help you pursue this avenue, through the provision of effective mediation, arbitration and conciliation services.

    In-court representation

    If you require an expert legal team to represent you at a court or tribunal hearing, we can help. Our goal will always be to serve your best interests and find the best, most cost-effective solution to any commercial dispute.

    Enforcement of successful judgments

    Our work does not stop after a judgment has been delivered. We continue to provide support and advice to ensure fast, effective enforcement of your claims, if necessary by way of compulsory enforcement.

    Corporate litigation

    When all other options have been exhausted, and litigation is the only way forward, our commercial litigation lawyers are ready to resolve matters. We thrive on the challenge of achieving a positive outcome for you, regardless of the complexities of your case.

    Real estate title disputes

    Real estate commercial litigation is our specialty here at FRANK Legal & Tax. So when a title dispute arises in Thailand or overseas, contact us first.

    Breaches of sale and purchase agreements

    When the terms of contracts are breached, you’ll need the legal know-how of the FRANK Legal & Tax team on your side to ensure you get a fair result.

    Construction disputes

    To assist you most effectively, we get to know your objectives and the nature of the dispute before recommending the most cost-effective solution to your construction dispute.

    Real estate management disputes

    Whether the real estate dispute is related to mismanagement, ineffective management or another reason, our team of experienced lawyers will cut through the complexities and develop solutions aimed to resolve the conflict amicably.

    Breach of agreement

    If a party has breached a real estate agreement, our lawyers will seek to remedy the situation and ensure you receive full compensation.

    Second opinions

    Need the reassurance of a second opinion regarding a commercial dispute? Or maybe you’re looking for a different interpretation of the facts? Either way, our commercial litigation lawyers will be happy to consider all the facts of your case and deliver a timely, cost-effective solution.

    Translations of court documents

    When you need court documents to be accurately translated, we are specialists at providing the following legal translation services:

    • Thai to English
    • English to Thai
    • German to English
    • English to German
    • German to Thai
    • Thai to German

    If you are embroiled in a legal dispute which cannot be resolved to your satisfaction by negotiations alone, it may be necessary for you to enter into litigation to find a solution. We are ready to help you to enforce your claims or to protect you against unjustified claims.

    If you have any questions or need legal assistance. Do not hesitate to contact us at [email protected] or call us at +66 (0)2 117 9131-2.

  2. 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]

     

  3. 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.

  4. 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]