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Litigation

19 January 2021
William Jones Snapshot: getting your foreign judgment recognised and enforced

Cayman Islands - Ogier

Ensuring the effective enforcement of judgments is a crucial aspect of a successful litigation strategy. The Cayman Islands recognises that valid decisions made elsewhere should be as enforceable as domestic judgments. While the statutory regime for registration and enforcement has been extended to only some of the superior courts of Australia and its external territories, the Cayman courts are willing to consider extending assistance to all judgment creditors through the well-trodden common law route.

Authors: William Jones, Deborah Barker Roye, Jeremy Snead
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Mathew Newman Not just a rubber stamp: principles for liquidators to get decisions blessed by Royal Court

Guernsey - Ogier

The Royal Court recently brought an end to an important chapter in a long-running dispute regarding control of the exploration and exploitation of the oil and gas reserves of Georgia. This judgment makes it clear that liquidators can approach the court to approve a significant decision that they have taken to enter into a transaction and that such decision is akin to a Public Trustee v Cooper blessing of a momentous decision in a trusts context.

Author: Mathew Newman
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Foo Joon Liang Oppression versus derivative actions: courts' wide discretion maintained

Malaysia - Gan Partnership

The Federal Court recently refused leave to appeal a Court of Appeal decision which had found that the courts' powers in an oppression action are broad and unfettered. This includes the power to order restitution to a company, a remedy traditionally seen as belonging to companies. The broad language used in the oppression provision is crucial in providing the courts with the necessary discretion to formulate remedies which are appropriate and just in the circumstances of a particular case.

Authors: Foo Joon Liang, Lee Xin Div
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Barbara Wilbrink Theft of luxury watches from storage raises questions over carrier liability

Netherlands - AKD

An armed robbery at a warehouse provided the basis for an unfortunate – but legally interesting – recent case in the Amsterdam Court of Appeal. The case raised the question of whether the carrier could be held liable for the loss of the goods and, if so, whether it could invoke the limitations of liability applicable to carriers. In this regard, the court also examined whether storage formed an independent part of the contract or whether it was absorbed into carriage.

Author: Barbara Wilbrink
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Recent updates

Carissa How Section 368 of Companies Act: apex court rules ex parte application for restraining proceedings is valid

Malaysia - Gan Partnership

Author: Carissa How
Eliana Tuijn How to catch evidence in Dutch civil procedures without fishing expeditions

Netherlands - AKD

Author: Eliana Tuijn
Rebecca Wong Phase 3 of court guidance for remote hearings for civil business

Hong Kong - RPC

Authors: Rebecca Wong, Jonathan Crompton, David Smyth
Beril Yayla Sapan Parties can now request an extension to object to expert reports

Turkey - Gün + Partners

Authors: Beril Yayla Sapan, Asena Aytuğ Keser, Kardelen Özden
Nicolas Contis Clarification of rules on fast-track appeal proceedings

France - Kalliopé

Authors: Nicolas Contis, Talel Aronowicz
Marco Torsello Third-party litigation funding agreements

Italy - ARBLIT Radicati di Brozolo Sabatini Benedettelli Torsello

Authors: Marco Torsello, Lucia Pontremoli
Alastair Hall Beware: High Court refuses permission to rely on new witness statement prepared part way through trial

United Kingdom - RPC

Authors: Alastair Hall, Daniel Wyatt
Mathieu Laurent Shareholder dispute: court cancels capital increase due to breach of preferential subscription right

Luxembourg - Luther SA

Author: Mathieu Laurent

Upcoming event

IPBC Global 2021

14-16 November 2021

IPBC Global will bring the world’s IP business leaders back together again in 2021 when it reconvenes in Seattle, the fastest growing tech hub in the United States and home to some of the most innovative businesses on the planet. From 14 to 16 November 2021, attendees at the world’s leading IP event will enjoy unsurpassed networking and deal-making opportunities, as well as the chance to join high-level discussions around the key challenges facing those responsible for developing IP business strategies now and into the future.


For more details please visit:
https://cvent.me/ebeeOG?RefId=LexILO

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