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Litigation

04 December 2018
Andrew Thorp Reverse engineering: Court of Appeal in rare reversal of findings of fact

British Virgin Islands - Harney Westwood & Riegels

The BVI Court of Appeal recently considered the scope of its jurisdiction to interfere with findings of fact made at first instance. This is the second time in 2018 that the court has addressed this issue. While the threshold for intervention is high, the court will intervene on appropriate occasions. The thoroughness of the evaluation of evidence and the credibility of the judge's conclusions at first instance are likely to be pivotal to that determination.

Authors: Andrew Thorp, Phillip Kite
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Adrian Miedema Court of appeal decides WSIB fraud requires wilful act

Canada - Dentons

The Workplace Safety and Insurance Board (WSIB) recently prosecuted three workers who were receiving WSIB benefits for failing to report a material change with respect to their benefit entitlement. The WSIB argued that it was not required to prove that the workers had intended to defraud the board. However, the Ontario Court of Appeal disagreed and held that to obtain a conviction for failing to report a material change, prosecutors must prove something akin to tax evasion or fraud.

Author: Adrian Miedema
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Pantelis Mountrakis Supreme Court judgment on appointment of IT experts

Cyprus - Elias Neocleous & Co LLC

The Supreme Court recently issued an innovative judgment relating to Norwich Pharmacal orders which demonstrates the Cyprus courts' readiness to stay abreast of technological developments. The claimant alleged that he was the victim of fraud and conspiracy in connection with online foreign currency trading. The Supreme Court upheld the first-instance decision to appoint an independent computer expert who would provide the technical expertise required to implement the order for disclosure of the information.

Author: Pantelis Mountrakis
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Gillian O'Regan Challenging judgments allegedly obtained by fraud

United Kingdom - RPC

The Court of Appeal has dismissed an application to strike out a claim for abuse of process on the basis of Summers v Fairclough in circumstances where final judgment had already been handed down. There are already established methods of challenging judgments allegedly obtained by fraud, and these should be utilised instead.

Authors: Gillian O'Regan, Andy McGregor
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Recent updates

Douglas BB Stewart Court hits brakes on duties owed to intoxicated plaintiffs

Canada - Dentons

Author: Douglas BB Stewart
Hao Zhan Blockchain evidence accepted in judicial proceedings for first time

China - AnJie Law Firm

Authors: Hao Zhan, Ying Song, Philip Wei
Huib Berendschot adidas knocked out in trademark infringement case: McGregor IP maintains right to use Conor McGregor's name

Netherlands - AKD NV

Author: Huib Berendschot
Ben Yates Lead regulator wins landmark civil lawsuit

Hong Kong - RPC

Authors: Ben Yates, Warren Ganesh
Joseph Cresswell Some lessons in drafting for privilege claims

United Kingdom - RPC

Authors: Joseph Cresswell, Jonathan Cary
Argyro Angastinioti Administrative Court's judgment on purported changes to terms of public procurement competitions

Cyprus - Elias Neocleous & Co LLC

Author: Argyro Angastinioti
Nicolas Contis Supreme Court rules on jurisdiction over protective measures

France - Kalliopé

Authors: Nicolas Contis, Leonardo Pinto
Hannah Yiu Supreme Court brings final clarity to prospectus liability

New Zealand - Wilson Harle

Author: Hannah Yiu

Upcoming events

Brand Protection Online 2019

March 5 2019 – Chicago, United States

While the continuous evolution of technology and expansion of the online world creates opportunities for brands and businesses, it also results in significant challenges. Loss of revenue, reputation, and customer trust can all be direct results of the threats that inevitably arise in in the online space. WTR’s Brand Protection Online will provide a unique forum for in-house counsel to discuss the challenges, opportunities, and risks they face. Attendees will hear senior in-house peers from a range of industries discuss the latest cutting-edge strategies for online brand protection, including an examination of both successes and failures in this ever-changing environment.


For more details go to:
https://www.wtr-events.com/Brand

Managing Trademark Assets USA 2019

March 6 2019 – Chicago, United States

As brands expand and adapt to new technologies, business models and markets, trademark professionals face increasing challenges in protecting, managing, and enforcing their IP rights. However, while the challenges continue to escalate, budgets and resources remain the same—only adding to their burden. WTR’s fourth annual Managing Trademark Assets USA will provide attendees with a platform for senior counsel from a range of industries to discuss successes and failures and share real-world insights at a time when it is more important than ever before for brand owners to ensure they are integrating innovative and disruptive strategies into their trademark operations.


For more details go to:
https://www.wtr-events.com/MTAUSA

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