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10 December 2019
David Smyth Assessment of costs in District Court out of date

Hong Kong - RPC

The monetary jurisdiction for civil cases heard by Hong Kong's busy District Court was significantly increased in December 2018. In light of this, the District Court now determines more complex and important civil cases. Therefore, a good case can be made for the abolition of the so-called 'Two-Thirds Rule'. If this is a step too far, a legislative provision should be implemented that provides judges with a wide and flexible discretion to depart from the rule where appropriate in all the circumstances.

Authors: David Smyth, Warren Ganesh
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Laura Ruiz Enforcement of foreign rulings against Supreme Court state ruling

Spain - Pérez-Llorca

The Supreme Court recently ruled in a case concerning two elements of international law: state immunity from enforcement and declarations of enforceability. This ruling is significant because it states that the only precedent on the topic of enforcement immunity is a 2005 decision and because it applies the United Nations Convention on Jurisdictional Immunities of States and Their Property, which is not yet in force. The ruling is also significant with regard to its interpretation of an 'enforceability declaration'.

Author: Laura Ruiz
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Rosy Gibson Oral contract does not prevent agent from being paid in circumstances not catered for in contract

United Kingdom - RPC

​In a recent case, the Court of Appeal held that an oral contract for a specified introduction fee payable to an agent if a property sold at a particular price did not prevent the agent from being remunerated when that property was sold for a lesser sum (despite the contract being silent on the matter). However, the sum awarded by the court was significantly lower than the introduction fee specified in the contract.

Author: Rosy Gibson
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Recent updates

Chris Ross Unfair prejudice saga – Court of Appeal tries to impose some order

United Kingdom - RPC

Authors: Chris Ross, Daniel Hemming
Sergio Passerini Employee dismissed for giving confidential company documents to former colleague

Italy - Ichino Brugnatelli e Associati Studio Legale

Author: Sergio Passerini
Charles Allen Ad hoc admission of English QC with local barrister

Hong Kong - RPC

Author: Charles Allen
Maria Kosteska Fägerquist Supreme Court strengthens impression that arbitral awards usually stand despite tribunal's procedural errors

Sweden - Wistrand

Authors: Maria Kosteska Fägerquist, Christofer Wilpart
Jeffrey Kleywegt Locating pure financial damage in cross-border securities class actions: clarity on the horizon?

Netherlands - AKD The Netherlands

Authors: Jeffrey Kleywegt, Robert Van Vugt
Maria Hadjisavva Supreme Court upholds first-instance decision on fraudulent transfer of shares

Cyprus - Elias Neocleous & Co LLC

Author: Maria Hadjisavva
Chris Boswell Contractual penalties: Court of Appeal upholds High Court's decision in Honey Bees

New Zealand - Wilson Harle

Author: Chris Boswell
Mathieu Laurent Liquidator held liable for omitting claims arising from ongoing litigation

Luxembourg - Luther SA

Authors: Mathieu Laurent, Marie Romero

Upcoming event

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26 March, 2020 – London, UK

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