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Litigation

11 May 2021
Sandie Lyne Court of Appeal case provides guidance for trustees when issues of trust construction arise

Guernsey - Ogier

This article considers a recent Court of Appeal judgment regarding the interpretation of a trust instrument. This case provides helpful clarification of the principles to be applied when interpreting Guernsey law trust instruments. The Court of Appeal also helpfully confirmed that the trustee was absolutely correct in this instance to seek the court's directions.

Authors: Sandie Lyne, Tehya Morgan
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Jacky Darsono Without prejudice according to a 'reasonable person'

Hong Kong - RPC

The Court of First Instance of the High Court recently reviewed the legal principles that underpin the protection afforded to without prejudice communications. The court's decision makes it clear that for a communication to be without prejudice, there must be a dispute in existence, as well as a genuine attempt at settlement – an issue that a court determines applying an objective (reasonable person) test. Mere negotiation without more is not enough.

Authors: Jacky Darsono, Samuel Hung
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Varun Sharma Court rules on effect of compromise or compounding in predicate offence proceedings under PMLA

India - Clasis Law

The Bombay High Court was recently posed with an issue regarding the fate of proceedings under the Prevention of Money Laundering Act 2002 in the event of compromise or compounding in a predicate offence. This judgment is significant as it ensures that perpetrators of serious economic offences cannot use actions such as compromise or settlement to undermine the object of a statute of public importance.

Authors: Varun Sharma, Abhishek Goyal
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Oliver Passmore Royal Court blesses momentous decision of representative of minor and unborn beneficiaries

Jersey - Ogier

The Royal Court recently considered for the first time the blessing of a momentous decision of a court-appointed representative of minor and unborn beneficiaries of a trust to enter into a settlement agreement in respect of claims against the trust. While the decision to bless the decision of the representative of the minor and unborn beneficiaries was confined to the unusual facts of this case, this decision nonetheless establishes the circumstances (albeit limited) in which the court will bless such a decision.

Authors: Oliver Passmore, Rebecca Mcnulty
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Foo Joon Liang Statutory oppression action: apex court confirms that remedies may extend to directors and third parties

Malaysia - Gan Partnership

A recent Federal Court decision confirms that remedies in a statutory oppression action may extend to the directors of the subject company and third parties. The decision establishes the wide scope and remedies available in a statutory oppression action, in line with its expressed purpose of "bringing to an end or remedying the matters complained of". This provides welcome clarity with regard to Section 346 of the Companies Act 2016.

Authors: Foo Joon Liang, Carissa How
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Emma West Hand in your notice – how to bring a successful warranty claim

United Kingdom - RPC

Buyers wishing to make a claim under contractual warranty provisions must comply with those provisions to the letter; sufficient and timely information is key. The case discussed in this article is a salutary reminder of the importance of complying with contractual warranty provisions and the difficulties of bringing a misrepresentation claim where warranties have superseded any pre-contractual discussions.

Authors: Emma West, Simon Hart
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Recent updates

Gan Khong Aik Apex court considers application of Prest in piercing corporate veil

Malaysia - Gan Partnership

Authors: Gan Khong Aik, Kang Mei Yee
Victoria King Grand Court provides clarity on costs

Cayman Islands - Ogier

Authors: Victoria King, Jean Lau
Alex Horsbrugh-Porter Snapshot: application to court for restoration of Guernsey company

Guernsey - Ogier

Authors: Alex Horsbrugh-Porter, Victoria Randall
Richard Schmidt Can a judicial error create Hungarian jurisdiction if the place of performance is abroad?

Hungary - SMARTLEGAL Schmidt & Partners

Authors: Richard Schmidt, Peter Gritta
Varun Sharma Consumer Protection Act: impact of change in forum on pending proceedings and retrospectivity

India - Clasis Law

Authors: Varun Sharma, Abhishek Goyal
Beril Yayla Sapan Law 7251: significant amendments to preliminary examination mechanism

Turkey - Gün + Partners

Authors: Beril Yayla Sapan, Kardelen Özden
Nicolas Contis Court of Cassation issues reminder on time limit in legal actions which have same purpose

France - Kalliopé

Authors: Nicolas Contis, Talel Aronowicz
Antony Sassi Court reviews witness's reluctance to travel to Hong Kong because of COVID-19

Hong Kong - RPC

Authors: Antony Sassi, Samuel Hung

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