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12 March 2019
Robert Gilroy Doctrine of unjust enrichment may deprive named beneficiaries of life insurance proceeds

Canada - Dentons

Designated beneficiaries of a life insurance policy have traditionally had a high degree of certainty that they would be entitled to the policy proceeds on the death of the insured. However, this certainty has been jeopardised by a recent Supreme Court of Canada case where a former wife's prior contractual claim to the proceeds of her former husband's life insurance policy precluded his common-law spouse's entitlement to the proceeds as the irrevocable beneficiary.

Author: Robert Gilroy
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David Smyth Waiver of privilege during court proceedings

Hong Kong - RPC

In a recent case before the High Court, a novel issue arose as to whether a party's deployment of privileged documents for the purposes of the trial of a preliminary issue concerning limitation would result in privilege in the documents being waived (lost) for the purposes of the main trial, in the event that the court held that the claim was not time barred. The case is a useful reminder of the potential danger of trying to deploy privileged material for the purposes of only part of court proceedings.

Authors: David Smyth, Warren Ganesh
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Mathieu Laurent Court of Appeal rules on testimony of executive board members

Luxembourg - Luther SA

In a dispute between a public limited liability company and one of its employees, the Court of Appeal issued a decision concerning the testimony of executive board members of a party to a dispute. The court's decision contradicts case law that seemed to have overcome this problem with regard to public limited liability companies. Hence, the courts remain divided as to whether the testimony of a director who individually has no power to represent their legal entity will be taken into consideration.

Authors: Mathieu Laurent, Maurice Goetschy
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Charlotte Henschen Court of Appeal: agency is not always enough to engage law of bribery and secret commissions

United Kingdom - RPC

The Court of Appeal recently held that a seller paying a fee to an acquisition agent without the buyer's knowledge does not render the contract for sale void or voidable. This judgment sets the bar high for parties to prove that a sufficient relationship of trust and confidence exists in order to engage the law on bribery and secret commissions. Notably, an agency relationship will not necessarily be enough to evidence the requisite degree of fiduciary duty.

Authors: Charlotte Henschen, Jonathan Cary
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Recent updates

Geraldine Elliott Enforceable oral contracts – Supreme Court looks to conduct and context

United Kingdom - RPC

Authors: Geraldine Elliott, Eliot Henderson
Maria Hadjisavva Supreme Court revokes first-instance court's decision on statement of claim amendments

Cyprus - Elias Neocleous & Co LLC

Author: Maria Hadjisavva
Jeffrey Kleywegt Rotterdam court rules in favour of Petrobras investors by accepting jurisdiction

Netherlands - AKD The Netherlands

Authors: Jeffrey Kleywegt, Robert Van Vugt
Warren Ganesh Expert witness allowed to rely on appended reports

Hong Kong - RPC

Authors: Warren Ganesh, Michael Maguiness
Martin Burkhardt Precautionary taking of evidence in support of current proceedings

Switzerland - Lenz & Staehelin

Authors: Martin Burkhardt, Angelina Sgier
Manuela Grassi Interest rate swap derivative contract – Milan Court of Appeals confirms first-instance decision

Italy - Ichino Brugnatelli e Associati Studio Legale

Author: Manuela Grassi
Tarek Farran Beirut Supreme Court confirms that trademark ownership is acquired through use, not registration

Lebanon - Farran Law Firm

Author: Tarek Farran
Gan Khong Aik Federal Court will not condone irregularities in court orders

Malaysia - Gan Partnership

Author: Gan Khong Aik

Upcoming events

Auto IP USA 2019

May 8, 2019 – Detroit, USA

Building on three years of success in Detroit, IAM’s Auto IP USA will bring together the leading IP experts from across the automotive landscape. Through thought leadership, discussion and networking, attendees will gain insight into the IP challenges facing those driving change in the new era of mobility.

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IBA – Mergers and acquisitions in Latin America: challenges and best practices in era of compliance

20-22 March 2019 – Santiago, Chile

M&A activity in Latin America has experienced important changes and new challenges in recent years. Compliance and best practice have arrived in all jurisdictions, companies and law firms and now form part of a new landscape. Uncertainties are being left behind, but there is a lot to do to continue the growth in developing Latin American economies. This conference will address these changes and challenges, as well as the opportunities that the implementation of best practices can create.

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IBA – Insurance: a guide to a changing legal landscape

21-22 March 2019 – London, England

The IBA Insurance Committee Conference will bring together lawyers from the insurance and reinsurance industry and other professionals. It will address key issues that the sector will be facing in 2019 in the corporate, regulatory and disputes areas of law.

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Auto IP Europe 2019

16 May 2019 – Munich, Germany

Returning to Munich for its second year, Auto IP Europe will offer IP professionals in the automotive industry the opportunity to hear expert strategies from the complete supply chain – from the OEMs and industry suppliers, to the innovators in high-tech and connectivity.

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IBA – 4th Mergers and Acquisitions in the Technology Sector Conference

28-29 March 2019 – Barcelona, Spain

This year’s conference will once again bring together leading professionals to debate the hottest M&A issues affecting the technology sector.

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IBA – 11th Annual Real Estate Investments Conference

29-29 March 2019 – Dubai, UAE

This two-day Real Estate Investments Conference will focus on mega trends, the impact of Sharia law, cross-border real estate transactions, disputes and real estate financing.

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