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Complete 18 page APA formatted essay: Product Liability Claims in the UK.However, such inequities cannot be redressed through the law, since they arise from political and judicial differences that exi
Complete 18 page APA formatted essay: Product Liability Claims in the UK.
However, such inequities cannot be redressed through the law, since they arise from political and judicial differences that exist in the U.K. and Japan.
As compared to Western law systems, especially in the U.K. which is governed by the EU and UK Competition law that prohibits any interference with competition, in Japanese law systems traditional theories still predominate and the only remedy available is to introduce litigation to annul an administrative act, unlike the U.K. where there are five kinds of remedies: mandamus, certiorari, prohibition, injunction and declaration (www.iias.nl).In a class action case dealing with UK tax treaties with Japan and other countries, the UK Court found bilateral treaty discrimination and reached a similar decision as in Metallgesellschaft/Hoechst v. CIR(European Court of Justice), where the EU treaty prohibits such discrimination to In the case of NEC Semi-Conductors Ltd, et al. v. CIR (November 24, 2003), the UK Court’s conclusions about discrimination were based upon the freedom of establishment principle, under Article 43 of the EU Treaty (www.bnatax.com). However, as opposed to this case law of U.K. Courts deciding in favor of establishments outside the U.K. being protected from discrimination, recent Japanese decisions on product liability claims reveal an opposite trend. The decision of the Nagoya District Court on 30th June 1995 went against MacDonalds and they were held liable for damages revealing that Japanese courts do not impose a burden of proof in civil proceedings (Nottage, 2000).
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