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23 February 2021
Richard Schmidt CCP amendment: fairer balance between form and content

Hungary - SMARTLEGAL Schmidt & Partners

The Civil Code of Procedure, which has been criticised for sacrificing fundamental rights to achieve accelerated civil proceedings, has finally been amended by the legislature. The new provisions make first-instance litigation more flexible and simpler for both parties. This article examines the most important changes as of 1 January 2021 and whether a fairer balance between form and content has been reached in civil litigation.

Author: Richard Schmidt
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Min Lee Tan Calling on performance bonds: new test for unconscionability?

Malaysia - Gan Partnership

With the recent enforcement of the Temporary Measures for Reducing the Impact of Coronavirus Disease (COVID-19) Act 2020, the question has arisen as to whether it provides a new ground for contractors to challenge calls on bank guarantees. A recent high court decision on the application of the Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas) Regulations 2020 provides insight into how the courts may interpret the act.

Author: Min Lee Tan
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Sinead Westaway Lack of list of issues for disclosure does not bar specific disclosure under DPS

United Kingdom - RPC

According to a recent case, the High Court can order specific disclosure under the Disclosure Pilot Scheme, even where there is no agreed or approved list of issues for disclosure. The decision provides clarification as to the court's jurisdiction to vary orders for extended disclosure. It also confirms that where parties have yet to agree a list of issues for disclosure, it will not prevent the court from making an order to vary a pre-existing order for extended disclosure.

Author: Sinead Westaway
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Recent updates

Marc Kish Third-party litigation funding and Private Funding of Legal Services Act

Cayman Islands - Ogier

Authors: Marc Kish, William Jones
Bryan De Verneuil-Smith Snapshot: pre-action disclosure

Guernsey - Ogier

Author: Bryan De Verneuil-Smith
Foo Joon Liang Housing developers beware – aftermath of PJD

Malaysia - Gan Partnership

Authors: Foo Joon Liang, Eri Fu Swee Theeng
Elena Riga Widow's pension: unequal treatment and discrimination on grounds of gender

Cyprus - Elias Neocleous & Co LLC

Author: Elena Riga
Adalia Chan Court reviews implied undertaking not to use documents for collateral purpose

Hong Kong - RPC

Authors: Adalia Chan, Jacky Darsono, David Smyth
Alexandra Shearer Does an expert owe a fiduciary duty to its client?

United Kingdom - RPC

Authors: Alexandra Shearer, Simon Hart
Peggy Sharon New controversial Civil Procedure Regulations: faster, stronger, costlier?

Israel - Levitan, Sharon & Co

Author: Peggy Sharon
Mathieu Laurent Shareholder dispute: conditions for a joint venture's court-ordered dissolution

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: