Litigation updates

Hong Kong

Contributed by RPC
Challenge to bank's suspension of account rejected
  • Hong Kong
  • 18 February 2020

The High Court has rejected an application for summary judgment of a claim to release money frozen by a bank. This was in the context of an investigation into the alleged use of the account for criminal activity. In its defence, the bank argued that the customer agreement contained an implied term that the bank could act on evidence of suspected fraudulent conduct to suspend operation of the account.


Hungary

Contributed by SMARTLEGAL Schmidt & Partners
Penalty claim without prior reservation? Supreme Court confirms estoppel-based practice
  • Hungary
  • 18 February 2020

Is a penalty for delayed performance enforceable if the purchaser fails to reserve its rights immediately? Or is enforceability excluded only if the purchaser expressly waives its right? This article analyses the Supreme Court's judgment in a recent construction dispute, in which the court appears to have maintained its estoppel-based practice despite recent legislative changes.


Netherlands

Contributed by AKD
Competence of district courts in summary proceedings relating to EU Community designs
  • Netherlands
  • 18 February 2020

The Supreme Court recently requested a preliminary ruling from the European Court of Justice (ECJ) concerning the competence of district courts in summary proceedings relating to EU Community designs. An immediate consequence of the ECJ's decision is that district courts other than the one in The Hague will be unable to provide provisional measures in cases relating to EU trademarks.


United Kingdom

Contributed by RPC
Equitable compensation for breach of fiduciary duty: a question of loss?
  • United Kingdom
  • 18 February 2020

A director who extracted money from a company by way of sham invoices may have a defence to an equitable compensation claim for misappropriation of the company's funds. The facts in this case may test the willingness of the trial court (due to hear the matter later in 2020) to develop the equitable remedies for breach of fiduciary duty.


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