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Litigation

23 April 2019
Fernando Eduardo Serec Price of litigating in Brazil: court-awarded attorneys' fees

Brazil - TozziniFreire Advogados

In addition to contractual fees, winning attorneys are entitled to court-awarded attorneys' fees, which are determined using objective criteria. However, despite being relatively straightforward to calculate, some courts struggle to award attorneys' fees, particularly in disputes involving significant amounts. A recent Superior Court of Justice decision provides clarity in this regard and is likely to set the tone for future disputes regarding court-awarded attorneys' fees.

Authors: Fernando Eduardo Serec, Antonio M Barbuto Neto
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Marina E Sampson Time may not be of the essence when considering specific performance

Canada - Dentons

The Ontario Superior Court of Justice recently outlined when specific performance will be available in a real estate transaction. This decision is a stark reminder of the pitfalls of acting both in bad faith and without diligence in respect of such a transaction. It is also a reminder that a party to an agreement of purchase and sale cannot insist that time is of the essence if (among other things) it breaches the agreement and does not act in good faith.

Authors: Marina E Sampson, Dennis Wong
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David Smyth Courts confirm basis for indemnity costs

Hong Kong - RPC

A couple of recent first-instance decisions demonstrate the courts' wide discretion to award costs between parties based on a higher rate of recovery (referred to as an 'indemnity basis'). Such costs are not literally an indemnity – the receiving party does not recover all of their costs from the paying party. While indemnity costs are not the norm, many parties and their legal representatives often seek such costs without sufficient regard to whether this is actually justified.

Authors: David Smyth, Warren Ganesh
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Sharon Daly Defender v HSBC: impact of settling with one concurrent wrongdoer

Ireland - Matheson

Defender v HSBC highlights the need for plaintiffs to understand the blameworthiness of all wrongdoers before settling a claim against any of them. This case concerned Defender, a fund which invested with Bernard Madoff and subsequently suffered a loss when Madoff was revealed to be operating the world's largest Ponzi scheme.

Author: Sharon Daly
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Jeffrey Kleywegt Legislature introduces possibility to claim mass damages in collective action proceedings

Netherlands - AKD The Netherlands

The Senate recently adopted the Bill on Redress of Mass Damages in Collective Actions (RMDCA). The RMDCA enables representative entities to claim monetary compensation on behalf of their constituents, which provides aggrieved parties with more effective means of redress. The RMDCA also introduces stricter requirements regarding the admissibility of representative entities and the scope of collective action proceedings, along with other procedural changes.

Authors: Jeffrey Kleywegt, Robert Van Vugt
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Parham Kouchikali Duty of care can exist between parent company and third parties affected by subsidiaries' actions

United Kingdom - RPC

A recent Supreme Court decision concerned a mass tort claim and the potential liability of an English parent company for the actions of its foreign subsidiaries. The court found that a duty of care can exist between a parent company and third parties affected by the actions of its subsidiaries, but was reluctant to place limits on the types of case where a parent company might incur a duty of care.

Authors: Parham Kouchikali, Laura Martin
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Recent updates

Manuela Grassi Time barred: court rejects contract claim based on limitation period

Italy - Ichino Brugnatelli e Associati Studio Legale

Author: Manuela Grassi
Fernando Eduardo Serec Can you choose a foreign forum to decide your dispute? Yes, but…

Brazil - TozziniFreire Advogados

Authors: Fernando Eduardo Serec, Antonio M Barbuto Neto
April McClements Delay in professional negligence claims

Ireland - Matheson

Authors: April McClements, Aisling Kavanagh
Mathieu Laurent Court of Appeal rules on enforcement of pledge versus insolvency proceedings and fraud

Luxembourg - Luther SA

Authors: Mathieu Laurent, Maurice Goetschy
Karina Plain Should fraud unravel all? The Supreme Court thinks so

United Kingdom - RPC

Authors: Karina Plain, Andy McGregor
Deepshikha Dutt Third-party discoverability grounded in reasonability

Canada - Dentons

Authors: Deepshikha Dutt, Matthew Bradley
David Smyth Court ruling highlights importance of cross-examination

Hong Kong - RPC

Authors: David Smyth, Warren Ganesh
Kei Akagawa Supreme Court clarifies requirements for enforcement of foreign judgments

Japan - Anderson Mori & Tomotsune

Author: Kei Akagawa

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