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Litigation

11 June 2019
Christopher Pease Taking charge: Commercial Court delivers judgment on its jurisdiction to grant charging orders

British Virgin Islands - Harneys

The Commercial Court recently confirmed that the BVI courts have jurisdiction to grant charging orders. Charging orders are a critically important tool, particularly when enforcing foreign judgments, as they allow creditors to take a proprietary interest over assets owned by a debtor and can ultimately facilitate the sale of such assets to allow the creditor to realise their debt.

Authors: Christopher Pease, Andrew Thorp, Phillip Kite
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Meghan Bell Ontario Court of Appeal clarifies overlapping policies containing "other insurance clauses"

Canada - Dentons

The Ontario Court of Appeal has clarified its application of the Supreme Court's decision in Family Insurance Corp v Lombard Canada Ltd in instances of overlapping insurance policies with "other insurance clauses" covering the same loss. The court determined that the analysis in instances of overlapping coverage comes down to whether there was overlapping coverage and whether the insurers intended to limit their obligation to contribute, and by what method and in what circumstances, in relation to the insured.

Author: Meghan Bell
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Andy McGregor Court of Appeal upholds decision on importance of industry standard documents in conflicting jurisdiction clauses

United Kingdom - RPC

The Court of Appeal recently upheld a High Court decision highlighting the risk that English and Italian courts may reach different decisions on the underlying factual background of related disputes even where the disputes could be said to fall under different agreements. The decision clarifies that the English courts put the certainty of industry standard documentation first when determining the applicable jurisdiction.

Authors: Andy McGregor, Steven Rajavinothan
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Recent updates

Omolara Oladipo Propping up insurable interests

Canada - Dentons

Author: Omolara Oladipo
Asena Aytuğ Keser What happens when an unquantified claim is quantifiable?

Turkey - Gün + Partners

Authors: Asena Aytuğ Keser, Pınar Ece Bişkin
Jacqueline Moody Scope of disclosure orders and contempt of court

British Virgin Islands - Harneys

Authors: Jacqueline Moody, Laura de Heer, Andrew Johnstone, Andrew Thorp
Antony Sassi Court critical of late subpoenas

Hong Kong - RPC

Authors: Antony Sassi, Warren Ganesh
Sarah Shaul How are foreign states' decisions on EU directives recognised in English courts?

United Kingdom - RPC

Authors: Sarah Shaul, Chris Ross
Tarek Farran Appeal court rules on shareholders' right to file claims against companies, chairs and directors

Lebanon - Farran Law Firm

Authors: Tarek Farran, Aline Saade
Fernando Eduardo Serec Declaration of Economic Freedom – impact on new and existing litigation

Brazil - TozziniFreire Advogados

Authors: Fernando Eduardo Serec, Antonio M Barbuto Neto
Mathieu Laurent Court of Appeal specifies consequences of rescinding contracts

Luxembourg - Luther SA

Authors: Mathieu Laurent, Maurice Goetschy

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