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Litigation

21 January 2020
Charles Allen Overseas intervener in Hong Kong

Hong Kong - RPC

In re Zadeh v Registrar of Companies, the Court of First Instance held that an application by an overseas company to intervene as a party in existing proceedings in Hong Kong did not expose it to a liability to provide security for costs and that, even if the court did have jurisdiction to order security for costs, it would not have ordered the intervener to do so. Although security for costs against overseas or dubiously solvent plaintiffs is a useful tool in civil litigation, this case demonstrates some of the procedural limits.

Authors: Charles Allen, Jonathan Crompton
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Foo Joon Liang Direct payment under CIPAA where main contractor is in liquidation

Malaysia - Gan Partnership

In the course of the hearing of a direct payment application filed under the Construction Industry Payment and Adjudication Act, the issue arose as to whether direct payment could be ordered against an employer when winding-up proceedings were underway against its contractor. To avoid protracted arguments, the subcontractor withdrew the winding-up proceedings during the hearing of the direct payment application. However, another creditor served a winding-up petition on the main contractor shortly thereafter.

Author: Foo Joon Liang
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Simon Hart Witness evidence reform: evolution not revolution?

United Kingdom - RPC

Concern that current practice in relation to factual witness evidence does not achieve the best evidence at proportionate cost prompted the creation of the Witness Evidence Working Group to consider how the current practice could be improved in the business and property courts. The group's recommendations focus on the more consistent enforcement of existing rules with some limited new measures.

Authors: Simon Hart, Emma West
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Recent updates

Nic Journeaux Slowly getting to grips with unjust enrichment and Jersey's legal 'hot potatoes'

Jersey - Ogier

Author: Nic Journeaux
Geraldine Elliott Full and frank disclosure means more than just putting relevant matters in evidence – a new year warning

United Kingdom - RPC

Authors: Geraldine Elliott, Christina Moran
Antony Sassi No 'cherry picking' of wide-ranging without prejudice discussions

Hong Kong - RPC

Authors: Antony Sassi, David Smyth, Warren Ganesh
Maria Hadjisavva Supreme Court rejects EAW cancellation request: appellant's individual rights not absolute

Cyprus - Elias Neocleous & Co LLC

Author: Maria Hadjisavva
Sharon Schmidt Iranian inheritance law and Austrian public policy

Austria - OBLIN Attorneys at Law

Author: Sharon Schmidt
Peggy Sharon Partial settlement agreement precludes unsettling defendant from sending third-party notice

Israel - Levitan, Sharon & Co

Authors: Peggy Sharon, Sharon Shefer
Mathieu Laurent Luxembourg District Court rules on prescription periods for invalidating shareholder decisions

Luxembourg - Luther SA

Authors: Mathieu Laurent, Marie Romero

Upcoming event

Managing and Mitigating Risk in Intellectual Assets

26 March, 2020 – London, UK

IP may be the single most important asset a company possesses. Whether it is physical or digital, customer data or operational information, trade secrets or business strategies, IP is often the main driver of revenue for any organisation. As IP becomes a more valuable corporate asset, managing the risks around it become a major business priority. IAM’s inaugural IP Risk Management series will provide organisations with best practices for identifying, evaluating, managing and mitigating IP risks within the business.


For more details go to:
https://web.cvent.com/event/10e6682d-060a-41b0-a354-c39c4b7d8d8b/regProcessStep1?rp=00000000-0000-0000-0000-000000000000

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