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Litigation

15 October 2019
Maria Hadjisavva Supreme Court upholds first-instance decision on fraudulent transfer of shares

Cyprus - Elias Neocleous & Co LLC

​The Supreme Court recently confirmed a first-instance decision which had annulled a transfer of shares by a debtor to his son. The Supreme Court found that the debtor had acted fraudulently to prevent his creditor from executing a court judgment which had been issued in the creditor's favour. The Supreme Court also found that the issuance of a decree on the sale of shares as a means of enforcing the decision against the debtor was possible.

Author: Maria Hadjisavva
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Antony Sassi Permission to appeal order for production of documents to liquidators refused

Hong Kong - RPC

The Court of Appeal has refused permission to appeal an apparently wide-ranging order for the production of documents made in favour of the liquidators in China Medical Technologies Inc v Tsang. Despite the respondent's best efforts, the Court of Appeal decided that the issues stated to arise out of its judgment did not raise questions of great general or public importance. The outcome of the appeal is bolstered by a legislative amendment which amounts to a more coextensive power.

Authors: Antony Sassi, Warren Ganesh
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Mathieu Laurent Liquidator held liable for omitting claims arising from ongoing litigation

Luxembourg - Luther SA

In a 2018 decision, the Luxembourg District Court found a liquidator liable for damages which the plaintiffs had suffered as a result of the early closure of the liquidation while legal proceedings were still ongoing. The court held that since the liquidator had personally received the document instituting the proceedings, he should not have ignored any claims that might have arisen from the ongoing dispute. Notably, the court went even further by also holding the liquidation auditor liable.

Authors: Mathieu Laurent, Marie Romero
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Chris Boswell Contractual penalties: Court of Appeal upholds High Court's decision in Honey Bees

New Zealand - Wilson Harle

The Court of Appeal recently upheld a High Court judgment, confirming New Zealand's adaption of the recast rule. In doing so, the Court of Appeal has set out the context for adopting the revised rule. However, as the appellant has been granted leave to appeal to the Supreme Court, the final word is awaited.

Author: Chris Boswell
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Simon Hart World freezing orders: recent dissipations and reasonable delays

United Kingdom - RPC

The High Court has held that a delay in applying for a world freezing order was not fatal to its continuation at the return date, as the underlying transactions provided solid evidence of a risk of dissipation and the delay in seeking relief was not material and did not evidence the absence of a genuine belief in that risk. While the court may be reluctant to freeze assets on the basis of historic transactions, the ultimate question is whether solid evidence exists of a risk of dissipation even if the trail goes somewhat cold thereafter.

Authors: Simon Hart, Christina Moran
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Recent updates

Kate McKenna European Commission issues study on enforcement of state aid rules and decisions by national courts

European Union - Matheson

Authors: Kate McKenna, Helen Kelly
Kate McKenna Recent rulings on state aid

Ireland - Matheson

Authors: Kate McKenna, Helen Kelly
Chris Ross Tortious claims against third party may trigger anti-suit injunction

United Kingdom - RPC

Authors: Chris Ross, Kirtan Prasad
Haco van der Houven van Oordt Court removes need for bailiffs to board ships to execute arrests

Netherlands - AKD The Netherlands

Author: Haco van der Houven van Oordt
Dominique Müller Broad jurisdiction for avoidance claims (actio pauliana) – also for Swiss defendants?

Switzerland - Lenz & Staehelin

Authors: Dominique Müller, Janine Häsler
Tarek Farran Only Lebanese courts can settle disputes between foreign companies and Lebanese exclusive representatives

Lebanon - Farran Law Firm

Authors: Tarek Farran, Aline Saade
Charles Allen Setting aside orders to extend validity of writs

Hong Kong - RPC

Authors: Charles Allen, Antony Sassi
Nicolas Contis Civil procedure reform: appeal proceedings regarding questions of jurisdiction clarified

France - Kalliopé

Authors: Nicolas Contis, Talel Aronowicz, Camille Doguet

Upcoming events

3rd IBA Litigation Committee Conference on Private International Law

24-25 October 2019 – Milan, Italy

Now in its third year, this leading conference will once again bring together practitioners from around the globe to discuss Brexit, the mushrooming of International Commercial Courts in Europe and sanctions.


For more details go to:
https://www.ibanet.org/Conferences/conf988.aspx?utm_source=LitigationMilan&utm_medium=listing&utm_campaign=ILO

IBA – 9th Biennial Global Immigration Conference

30 October - 1 November 2019 – London, England

The 9th Biennial Global Immigration Conference will bring together leading lawyers and professionals from around the world to discuss immigration and the future of work, attracting global talent, citizenship and top tips for running an immigration practice.


For more details go to:
https://www.ibanet.org/Conferences/conf966.aspx?utm_source=immigration&utm_medium=listing&utm_campaign=ILO

IBA Europe-Caucasus-Asia Forum

31 October - 2 November 2019 – Tbilisi, Georgia

The IBA Europe-Caucasus-Asia Forum – the successor of the famous CIS Local Counsel Forum – will take place this year, with a slightly new look but the same soul and values we have cherished for more than a decade. In addition to discussions on cutting-edge issues faced by the legal market and profession, the event will offer a wonderful cultural and social programme.


For more details go to:
https://www.ibanet.org/Conferences/conf980.aspx?utm_source=ECAForum&utm_medium=listing&utm_campaign=ILO

IBA – 7th Biennial Conference on Construction Projects from Conception to Completion

1-2 November 2019 – Berlin, Germany

This biennial event will bring together industry leaders in construction to discuss smart contracts, defects liability periods, hardship laws, FIDIC 2017 conditions versus FIDIC 1999 conditions and arbitrator selection.


For more details go to:
https://www.ibanet.org/Conferences/conf1000.aspx?utm_source=construction&utm_medium=listing&utm_campaign=ILO

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