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Litigation

13 April 2021
Sandie Lyne Snapshot: 'momentous decision' applications by trustees

Guernsey - Ogier

The terms of a trust deed will usually extend the powers conferred on trustees by the Trusts (Guernsey) Law 2007. When deciding to exercise these powers, trustees must consider all of their legal and fiduciary obligations. However, it is not always that simple; at some point a trustee will be faced with a decision so important or complex that it wishes to seek the blessing of the Royal Court. In Guernsey, such applications are known as 'momentous decision' or 'blessing' applications.

Authors: Sandie Lyne, Mathew Newman, Tehya Morgan
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Charles Allen Disclosure orders against banks' overseas branches

Hong Kong - RPC

In A1 v R1 a novel point appears to have arisen as to whether the High Court could grant Norwich Pharmacal relief in relation to the disclosure of documents and information concerning a bank account held not in Hong Kong but with the overseas branch of a Hong Kong bank. The Court of First Instance decided that it did have such power and, in doing so, reviewed the usual procedures for the grant of Norwich Pharmacal orders against a bank and the general principles that underpin ex parte applications.

Authors: Charles Allen, Bernard Luk
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Sally Edwards Royal Court intervenes to set aside trustee decision

Jersey - Ogier

In a recent case, the Royal Court intervened to set aside a decision of the trustee not to make the spouse of the settlor a beneficiary in her own right. The court's decision has implications for trustees and their obligation to act reasonably despite the trustee setting out reasons for its original decision.

Authors: Sally Edwards, Stephen Lord
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Gan Khong Aik No escape from paying minimum wage

Malaysia - Gan Partnership

A recent Federal Court decision has confirmed that the hotel industry cannot use a service charge to supplement employees' wages in order to meet the minimum threshold for wage requirements. While the decision may be unpopular among hoteliers and related or similar industries, it was inevitable. The long-term impact that it may have on society outweighs any likely detriment that it may cause to a particular industry.

Authors: Gan Khong Aik, Lee Sze Ching (Ashley)
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Recent updates

International Law Office Tell us what you think and you could win a £100 Mastercard voucher

International - International Law Office

Author: International Law Office
Huib Berendschot Supreme Court addresses confusion between descriptive, non-distinctive trade names

Netherlands - AKD

Author: Huib Berendschot
Marc Kish Short-form mergers: Changyou.com judgment confirms appraisal rights

Cayman Islands - Ogier

Authors: Marc Kish, Farrah Sbaiti, Jeremy Snead, Shaun Maloney
Antony Sassi Burden of proving witness competency

Hong Kong - RPC

Authors: Antony Sassi, David Smyth, Warren Ganesh
Yuen Wah Foo Challenging a liquidator's decision to admit a proof of debt

Malaysia - Gan Partnership

Author: Yuen Wah Foo
Eamon Harrison Courtenay Video link as a means of access to justice

Belize - Courtenay Coye LLP

Author: Eamon Harrison Courtenay
Carolin Mester Reasonable enquiries must be made upon receipt of potentially confidential information

United Kingdom - RPC

Author: Carolin Mester
Richard Schmidt Excessive res judicata effect – are test cases in danger?

Hungary - SMARTLEGAL Schmidt & Partners

Author: Richard Schmidt

Upcoming event

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