Litigation updates

Hungary

Contributed by SMARTLEGAL Schmidt & Partners
CCP amendment: fairer balance between form and content
  • Hungary
  • 23 February 2021

The Civil Code of Procedure, which has been criticised for sacrificing fundamental rights to achieve accelerated civil proceedings, has finally been amended by the legislature. The new provisions make first-instance litigation more flexible and simpler for both parties. This article examines the most important changes as of 1 January 2021 and whether a fairer balance between form and content has been reached in civil litigation.


Malaysia

Contributed by Gan Partnership
Calling on performance bonds: new test for unconscionability?
  • Malaysia
  • 23 February 2021

With the recent enforcement of the Temporary Measures for Reducing the Impact of Coronavirus Disease (COVID-19) Act 2020, the question has arisen as to whether it provides a new ground for contractors to challenge calls on bank guarantees. A recent high court decision on the application of the Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas) Regulations 2020 provides insight into how the courts may interpret the act.


United Kingdom

Contributed by RPC
Lack of list of issues for disclosure does not bar specific disclosure under DPS
  • United Kingdom
  • 23 February 2021

According to a recent case, the High Court can order specific disclosure under the Disclosure Pilot Scheme, even where there is no agreed or approved list of issues for disclosure. The decision provides clarification as to the court's jurisdiction to vary orders for extended disclosure. It also confirms that where parties have yet to agree a list of issues for disclosure, it will not prevent the court from making an order to vary a pre-existing order for extended disclosure.


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