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Litigation

20 April 2021
Jennifer Fox Snapshot: notification injunctions

Cayman Islands - Ogier

A notification injunction is an alternative to the conventional freezing order that is available where there is concern that a respondent may deal with their assets so as to frustrate the enforcement of any future judgment. This new breed of quia timet 'notification' injunction is to be welcomed: it represents a further weapon in the Cayman court's arsenal to assist litigants, particularly in fraud and asset tracing cases, to prevent the frustration of judgments.

Authors: Jennifer Fox, Oliver Green, Anna Snead
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Andrea Kallis Annulment of Ministry of Transport decision on concession contract provides clarity to tender parties

Cyprus - Elias Neocleous & Co LLC

The Administrative Court recently annulled a Ministry of Transport decision which had awarded a concession contract to Intercity Buses. This comes after another court annulled the ministry's decision to award another concession contract to a consortium. The Ministry of Transport's pending appeal against the earlier court decision had a catalytic effect on the judgment of the Administrative Court.

Authors: Andrea Kallis, Elena Riga
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Alex Horsbrugh-Porter Director disqualification: 12-year disqualification penalty imposed

Guernsey - Ogier

When considering the penalties imposed on directors of Guernsey companies for misconduct or breaches of the Companies (Guernsey) Law 2008, arguably the most serious penalty which can be imposed is a disqualification order. Such an order can, at its highest, be career ending for a director, with the maximum period of disqualification being 15 years. This article examines a recent decision in which the Royal Court imposed a disqualification period of 12 years.

Authors: Alex Horsbrugh-Porter, Michael Rogers
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Shwetabh Sinha Supreme Court prescribes limit for filing application for appointment of arbitrator

India - Clasis Law

In a recent case, the Supreme Court decided on the limitation period for filing an application under Section 11 of the Arbitration and Conciliation Act 1996 and whether the court can refuse to refer a dispute to arbitration under Section 11 where the claims are ex facie time barred. The court observed that the issue of limitation, in essence, speaks to the maintainability or admissibility of the claim, which is to be decided by the arbitral tribunal.

Authors: Shwetabh Sinha, Ashmi Mohan
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Daniel Maine Trust company's £550,000 fine demonstrates importance of effective and consistent AML procedures

Jersey - Ogier

The Royal Court recently imposed a hefty £550,000 fine on a firm for failing to ensure that, in practice, its anti-money laundering (AML) policies and procedures were being applied effectively and consistently. Notably, the Royal Court was not deterred from imposing a fine by the fact that the failings related to only one client structure. Firms must therefore ensure that their AML controls are being applied effectively across their entire business – for, as this judgment shows, the cost of failing to do so can be high.

Author: Daniel Maine
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Foo Joon Liang Section 30 of CIPAA – road less travelled has now widened

Malaysia - Gan Partnership

While most companies which have obtained an adjudication decision in their favour choose to apply for said decision to be enforced via Section 28 of the Construction Industry Payment and Adjudication Act (CIPAA), the less-travelled road of demanding payment for an adjudication decision via Section 30 of the CIPAA is proving to be another effective recourse for payment – as evidenced by a recent high court decision.

Authors: Foo Joon Liang, Carissa How
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Lucy Baughan When can deliberate concealment postpone limitation periods?

United Kingdom - RPC

The Court of Appeal recently explored the meaning of 'deliberate concealment' and held that there need not be active steps of concealment for the start of a limitation period to be delayed under Section 32(1)(b) of the Limitation Act. In addition, the conduct giving rise to the cause of action need not be separate to the act of concealment.

Authors: Lucy Baughan, Daniel Hemming
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Recent updates

Sally Edwards Royal Court intervenes to set aside trustee decision

Jersey - Ogier

Authors: Sally Edwards, Stephen Lord
Sandie Lyne Snapshot: 'momentous decision' applications by trustees

Guernsey - Ogier

Authors: Sandie Lyne, Mathew Newman, Tehya Morgan
Gan Khong Aik No escape from paying minimum wage

Malaysia - Gan Partnership

Authors: Gan Khong Aik, Lee Sze Ching (Ashley)
Charles Allen Disclosure orders against banks' overseas branches

Hong Kong - RPC

Authors: Charles Allen, Bernard Luk
International Law Office Tell us what you think and you could win a £100 Mastercard voucher

International - International Law Office

Author: International Law Office
Marc Kish Short-form mergers: Changyou.com judgment confirms appraisal rights

Cayman Islands - Ogier

Authors: Marc Kish, Farrah Sbaiti, Jeremy Snead, Shaun Maloney
Huib Berendschot Supreme Court addresses confusion between descriptive, non-distinctive trade names

Netherlands - AKD

Author: Huib Berendschot
Eamon Harrison Courtenay Video link as a means of access to justice

Belize - Courtenay Coye LLP

Author: Eamon Harrison Courtenay

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.


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