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Litigation

02 March 2021
Nicolas Contis Expert reports drawn up in a non-adversarial manner and principle of adversarial proceedings

France - Kalliopé

In a notable decision, the first civil chamber of the Supreme Court held that under the Code of Civil Procedure, a judge cannot refuse to examine expert reports which disfavour a party that was not called on or represented during the expertise proceedings. With this decision, the Supreme Court has confirmed a precedent by which expert reports drawn up in disregard of the adversarial principle may retain their probative force.

Authors: Nicolas Contis, Camille Imbert
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Antony Sassi Court of Appeal sets aside contempt regarding statement of truth

Hong Kong - RPC

In a recent case, the Court of Appeal allowed the defendant's appeal against a lower court's finding that he had made a false statement of truth with respect to an admission in a defence filed on behalf of a company. As is normal in such appeals, the Court of Appeal was reluctant to disturb a lower court's primary finding. However, in this case, the Court of Appeal considered that the lower court had been plainly wrong to make an order for committal for contempt of court.

Authors: Antony Sassi, Rebecca Wong, David Smyth
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Bahari Yeow Tien Hong Injunctions against Shopee?

Malaysia - Gan Partnership

E-commerce platforms are accessible to both authentic and counterfeit sellers. Anyone may register and begin selling immediately, without the need to undergo scrutiny or due diligence. The high court recently provided some clarification on the extent of liability that online marketplaces have regarding IP infringements by sellers. This decision is a palpable relief for online marketplaces, the continued existence of which arguably benefits the public by encouraging competition and stimulating the economy.

Authors: Bahari Yeow Tien Hong, Lim Zhi Jian, Sabrina Sharin
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Recent updates

Richard Schmidt CCP amendment: fairer balance between form and content

Hungary - SMARTLEGAL Schmidt & Partners

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

Malaysia - Gan Partnership

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

United Kingdom - RPC

Author: Sinead Westaway
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
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
Peggy Sharon New controversial Civil Procedure Regulations: faster, stronger, costlier?

Israel - Levitan, Sharon & Co

Author: Peggy Sharon

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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