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Litigation

March 06 2018
David Smyth SFC collective redress: reliance on misstatement in a real but not ideal world

Hong Kong - RPC

The Securities and Futures Commission (SFC) in Hong Kong has been very active in using civil proceedings pursuant to Section 213 of the Securities and Futures Ordinance to seek redress for investors. A recent judgment confirms that the SFC can seek restorative orders not only against parties to impugned transactions, but also against individuals who aid or abet or who are involved.

Authors: David Smyth, Kingsley Krawczyk
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Ajit Warrier Contract law: three most important Supreme Court judgments

India - Shardul Amarchand Mangaldas & Co

In an important recent case regarding contract law, the Supreme Court held that the commercial courts should not seek to interpret the implied terms of a contract. In a second notable case, the court examined whether an increase in coal prices (due to a change in Indonesian law) could be cited as a force majeure event by certain power-generating companies that were sourcing coal from Indonesia. Finally, the court also recently issued an important decision in a suit for damages and wrongful termination.

Author: Ajit Warrier
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Maria Eugenia De la Cera Supreme Court reconsiders calculation of collective dismissal thresholds

Spain - Pérez-Llorca

A trade union recently sought to declare the existence of a de facto collective dismissal on the grounds that the company had exceeded the maximum number of individual objective dismissals (as well as other comparable terminations) in a 180-day period. However, the Supreme Court rejected the claim and ratified several points regarding collective challenges of terminations that, de facto, could exceed the thresholds.

Author: Maria Eugenia De la Cera
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Victoria Rogers The approach to redaction – High Court guidance

United Kingdom - RPC

The English High Court recently considered the correct approach to the redaction of documents in civil proceedings. The court held that the right to redact irrelevant material applies both to standard disclosure and the right to inspect documents referenced in statements of case. In the short term, this case confirms a party's ability to redact documents in order to protect commercially sensitive information. In the long term, the practice of redacting such information will likely be confirmed by way of an express rule.

Authors: Victoria Rogers, Davina Given
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Recent updates

Ajit Warrier Criminal law: most important Supreme Court judgments in 2017

India - Shardul Amarchand Mangaldas & Co

Author: Ajit Warrier
Adrian Miedema Jail term upheld on appeal in criminal negligence case against Metron project manager

Canada - Dentons

Author: Adrian Miedema
Aimilia Efstathiou Supreme Court disapproves strict interpretation of Order 30 of Civil Procedure Rules

Cyprus - Elias Neocleous & Co LLC

Author: Aimilia Efstathiou
Nicolas Contis Seizure of foreign state-owned assets: waiver of immunity from jurisdiction must be both express and specific

France - Kalliopé

Authors: Nicolas Contis, Leonardo Pinto
Charlotte Henschen Bank liable for breach of Quincecare duty

United Kingdom - RPC

Authors: Charlotte Henschen, Andy McGregor
Tina Wong Intervener's proprietary claim to money in debtor's integrated account

Hong Kong - RPC

Authors: Tina Wong, Gary Yin
Gan Khong Aik Stricter confidentiality obligation on lawyers

Malaysia - Gan Partnership

Author: Gan Khong Aik
Sam Holden Supreme Court decision seen as warning for litigation funders

New Zealand - Wilson Harle

Author: Sam Holden

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