Litigation

January 02 2018
Matthew Fleming Court of appeal sets jurisdiction test for class actions with global classes

Canada - Dentons

The Court of Appeal for Ontario recently clarified the test for assuming jurisdiction over absent foreign claimants in Ontario class actions with international elements, opening the door to the potential certification of class proceedings on behalf of global classes. While the jurisdictional hurdle for absent foreign claimants appears to have been lowered as a result of the decision, it remains to be seen how the lower courts will interpret and apply the appeal court's test.

Authors: Matthew Fleming, Thomas Wilson
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David Smyth New year, new start for recoverable costs

Hong Kong - RPC

The long-awaited increase in the guideline solicitors' hourly rates adopted for party and party taxation in civil proceedings was announced towards the end of 2017. The new rates came into effect on January 1 2018 and should serve to narrow the gap between successful litigants' incurred and recoverable costs.

Authors: David Smyth, Hannah Fletcher
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Simon Hart Pre-action disclosure ordered against bank despite putative claim being ostensibly out of time

United Kingdom - RPC

In The ECU Group plc v HSBC Bank plc the High Court held that HSBC, the proposed defendant, had to provide pre-action disclosure of Bloomberg messages, emails, trading data and compliance documents. The decision is a useful example of the categories of documents that the court may be prepared to order against a bank in respect of pre-action disclosure. However, the scope of disclosure was kept narrow, a factor which no doubt played in ECU's favour.

Authors: Simon Hart, Ed Holmes
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Recent updates

Elena Riga Only completed actions are subject to administrative review

Cyprus - Elias Neocleous & Co LLC

Author: Elena Riga
Laura Evans Service by email – lessons from Glencore Agriculture BV v Conqueror Holdings Limited

United Kingdom - RPC

Authors: Laura Evans, Jonathan Cary
Amy Chung Shareholder 'activism' by access to company records

Hong Kong - RPC

Authors: Amy Chung, David Smyth
Jeffrey Kleywegt Fact(or) finding: locating pure financial damage in cross-border securities class actions

Netherlands - AKD NV

Author: Jeffrey Kleywegt
Adrian Miedema Court dismisses health and safety charge given due diligence

Canada - Dentons

Author: Adrian Miedema
Felicity Monteiro Amendments to Evidence Act for civil litigators

New Zealand - Wilson Harle

Author: Felicity Monteiro
Costanza Mariconda Supreme Court of Cassation issues decision on reasons for appeal under Civil Procedure Code

Italy - Mariconda e Associati Studio Legale

Author: Costanza Mariconda
Gan Khong Aik Court rules on applicable test in medical negligence suits

Malaysia - Gan Partnership

Author: Gan Khong Aik

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