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13 August 2019
Maria Hadjisavva Court examines validity of lawyer's sworn affidavit provided on behalf of clients as part of interim application

Cyprus - Elias Neocleous & Co LLC

The Larnaca District Court recently issued a decision on the validity of a sworn affidavit provided by a lawyer on behalf of his clients in the context of an interim application. Drawing on relevant case law, the court found that lawyers who are or will be witnesses in the relevant case or who represent clients in the relevant case cannot provide sworn affidavits as part of the court proceedings. As a result, the court rejected the claimant's objection for being invalid.

Author: Maria Hadjisavva
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Antony Sassi Court reviews issue of subpoenas

Hong Kong - RPC

The High Court recently considered a prospective witness's application to set aside a subpoena directed at him. The subpoena combined directions to the witness to give evidence at trial on behalf of the plaintiff and to produce the originals of certain transaction documents. The court set aside the part of the subpoena directed at giving evidence but not the part directed at producing documents. The decision provides useful guidance as to the general practice for issuing subpoenas.

Author: Antony Sassi
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Oliver Passmore Z Trusts judgment: whose rights take priority when a trust is insolvent?

Jersey - Ogier

The Jersey Court of Appeal recently handed down a long-awaited judgment in the Z Trusts case. The decision considers important questions regarding the equitable rights of former trustees and whether those rights have priority over the rights of other claimants to the assets of a trust (including successor trustees) whose liabilities exceed its assets. As such, trustees must consider the practical implications of this judgment and whether and how they should be mitigated.

Authors: Oliver Passmore, Daniel Maine
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Victoria Rogers Clarity, clarity, clarity: more contract drafting lessons from High Court

United Kingdom - RPC

The High Court recently adopted an interesting approach to the well-known principles of contractual interpretation in a dispute concerning the financing of a wind farm development. The application of these principles remains tricky, particularly in cases where defined terms provide for flexibility. As a result, while parties should strive for clarity in drafting, they should also give particular consideration to possible options for terminating contracts when they are no longer needed.

Authors: Victoria Rogers, Davina Given
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Recent updates

Christiana Pyrkotou Objectivity versus practicality: adding a third party to an action

Cyprus - Elias Neocleous & Co LLC

Author: Christiana Pyrkotou
Damian Evans Jersey Royal Court rules on its powers to restrict parties that withdraw trust proceedings to start afresh

Jersey - Ogier

Author: Damian Evans
Ignacio Sanz Supreme Court rules on scope of mortgage liability

Spain - Pérez-Llorca

Author: Ignacio Sanz
Natalie Foster Court costs when using employed lawyers – return to status quo ante

New Zealand - Wilson Harle

Author: Natalie Foster
Simon Hart What makes a Quistclose trust?

United Kingdom - RPC

Authors: Simon Hart, Joseph Cresswell
Antony Sassi Settlement offers and costs disputes

Hong Kong - RPC

Authors: Antony Sassi, Warren Ganesh
Mathieu Laurent Directors' liability in event of non-compliance with company tax obligations: case law reversal

Luxembourg - Luther SA

Authors: Mathieu Laurent, Marie Romero
Gan Khong Aik Proper construction of Section 93(3) of Bankruptcy Act and Rule 276 of Bankruptcy Rules

Malaysia - Gan Partnership

Author: Gan Khong Aik