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Litigation

26 May 2020
Marina Vassiliou First-instance courts must evaluate testimony adduced during hearings

Cyprus - Elias Neocleous & Co LLC

In a recent appeal, the Supreme Court ruled that the first-instance court could not ignore testimony adduced during a hearing without having evaluated it. In its decision, the Supreme Court stressed that where there is a disagreement as to the substantive facts of a case, the evaluation of testimony is the cornerstone of any decision. The absence of judgement as to whether a substantial witness has told the truth will render the court's decision incomplete.

Author: Marina Vassiliou
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Kei Akagawa What is the correct value of damages caused by a personal information leak?

Japan - Anderson Mori & Tomotsune

The Tokyo High Court recently rendered a judgment regarding the amount of personal damages owed to victims of a personal information leak by a third party. The decision follows a Supreme Court judgment which determined that in the case of a personal information leak by a company which collected this information for educational purposes, the affected customers could claim damages for their mental suffering even though they could not prove economic loss.

Author: Kei Akagawa
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Lee Xin Div Whole arbitration award or just dispositive portion: what should be registered with the courts?

Malaysia - Gan Partnership

After succeeding in arbitration, the respondents in a recent case filed an originating summons pursuant to the Arbitration Act in a high court to enforce and recognise the entire award as a high court judgment. However, the appellant opposed the originating summons on, among others, the ground that only the dispositive portion of the award (which set out the orders or reliefs) – and not the entire award – was capable of being registered.

Author: Lee Xin Div
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Chris Browne First judicial consideration of COVID-19 decisions

New Zealand - Wilson Harle

The High Court recently issued a decision on a judicial review application which challenged the lawfulness of exemption decisions made pursuant to an order under the Health Act and sought urgent interim relief. The decision was the first consideration by the court of the lawfulness of actions taken during the exercise of the sweeping powers assumed by the government in response to the COVID-19 pandemic.

Authors: Chris Browne, Victoria Rea
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Geraldine Elliott Commission omission? High Court balances text and context in contractual interpretation

United Kingdom - RPC

English law's flexible, rational, yet stable approach to contractual interpretation has been demonstrated again in a recent decision concerning commission payments. The decision is logical and sensible by reference both to the case's commercial context and the contract's wording and exemplifies the benefit of choosing English law as the forum for resolving contractual disputes.

Authors: Geraldine Elliott, Ben Harris
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Recent updates

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Bahamas - Lennox Paton

Author: Al-Leecia Delancy
Richard Schmidt Common law on horizon? New law reforming litigation enters into force

Hungary - SMARTLEGAL Schmidt & Partners

Author: Richard Schmidt
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Turkey - Gün + Partners

Authors: Beril Yayla Sapan, Asena Aytuğ Keser
Daniel Wyatt To perform or not to perform? When tendering performance means actual performance

United Kingdom - RPC

Authors: Daniel Wyatt, Kirtan Prasad
Antony Sassi Closing the GAP

Hong Kong - RPC

Authors: Antony Sassi, David Smyth
Katrina Vasey COVID-19 Weekly Report (11-17 May 2020)

International - International Law Office

Author: Katrina Vasey
Paul Stothard COVID-19: approach to court proceedings

USA - Norton Rose Fulbright

Authors: Paul Stothard, Clinton Slogrove
Martin Burkhardt Applicability of clausula rebus sic stantibus to banks' refusal to release gold in kind

Switzerland - Lenz & Staehelin

Authors: Martin Burkhardt, Kim O'Neill

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