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Litigation

February 06 2018
Adrian Miedema Appeal court holds that fact of accident alone is not enough to convict

Canada - Dentons

The Newfoundland and Labrador Court of Appeal recently held that a trial judge was wrong to find a city guilty of Occupational Health and Safety Act charges solely because an accident had occurred in which a worker died. It held that the trial court should have gone further and analysed each charge separately. The decision is a welcome reminder that prosecutors cannot simply rely on the fact that an accident took place to obtain a conviction.

Author: Adrian Miedema
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Elena Riga Constitution and quorum of collective administrative bodies

Cyprus - Elias Neocleous & Co LLC

A recent administrative court case concerned the legality of a tender for the development of a new €200 million-plus marina in Paphos. The court decision was based on the well-established principle that the decision-making process of any collective body regarding a specific matter must be consistent from beginning to end and requires the presence of the same members of the body in order to ensure that all members are aware of and able to evaluate all factors which come to light during the process.

Author: Elena Riga
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Sumarsono Darsono Liquidators' full and frank duty when 'going solo'

Hong Kong - RPC

In Bespark Technologies Engineering Ltd v JV Fitness Ltd the High Court recently took the opportunity to remind liquidators of their duty to give full and frank disclosure when making an ex parte (without notice) application to the court. A failure to do so could have serious consequences, including a refusal to approve the appointment of a liquidator or an order for his or her removal. The duty to be full and frank applies to all ex parte applications, so there are general lessons to be learned.

Authors: Sumarsono Darsono, Warren Ganesh
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Ajit Warrier Public interest litigation: Supreme Court issues landmark judgments

India - Shardul Amarchand Mangaldas & Co

Throughout 2017, the Supreme Court issued judgments on public interest litigation cases. These include reviewing the way in which senior advocates are designated, determining whether to constitute a special investigation team and establishing fast-track courts for criminal cases.

Author: Ajit Warrier
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Sam Holden Supreme Court decision seen as warning for litigation funders

New Zealand - Wilson Harle

The Supreme Court recently issued a somewhat controversial decision of significance in the area of litigation funding. The decision contains guidance on the key question of whether a funding agreement amounted to an impermissible assignment of a bare cause of action that would constitute trafficking in litigation. It remains to be seen whether, and to what extent, the decision may be used by defendants seeking to challenge funding agreements.

Author: Sam Holden
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Greg Pooler High Court confirms availability of Bankers Trust orders to trustee claimants seeking to recover misappropriated assets

United Kingdom - RPC

The High Court recently confirmed for the first time the availability of the commonly encountered Bankers Trust order to trustee claimants of stolen or misappropriated property, highlighting the flexibility of the court's equitable jurisdiction when presented with new situations. The decision also illustrates the court's willingness to grant Norwich Pharmacal relief to facilitate the recovery of unlawfully dissipated assets and the complimentary interim remedies available for that purpose.

Authors: Greg Pooler, Jonathan Cary
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Recent updates

Adrian Miedema Court of Appeal holds general duty clause can impose higher obligations than regulatory requirements

Canada - Dentons

Author: Adrian Miedema
Costanza Mariconda Is filing of new documents before Court of Appeal permitted?

Italy - Mariconda e Associati Studio Legale

Author: Costanza Mariconda
Ajit Warrier Constitutional law: recent Supreme Court cases

India - Shardul Amarchand Mangaldas & Co

Author: Ajit Warrier
Robert Hoepel Yacht damage dispute clarifies product liability implications under EU directive

Netherlands - AKD NV

Authors: Robert Hoepel, Tessa Mentink
Adrian Chang Scope of auditor's duty to blow the whistle

Hong Kong - RPC

Authors: Adrian Chang, David Smyth
Geraldine Elliott Guidance on proving significant and complex fraud

United Kingdom - RPC

Authors: Geraldine Elliott, Emma West
Klaus Oblin Supreme Court rules on non-bank loans

Austria - Oblin Melichar

Author: Klaus Oblin
Elena Riga Court finds that unjustified absence of members invalidates collective body and its decisions

Cyprus - Elias Neocleous & Co LLC

Author: Elena Riga

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