Litigation updates

France

Contributed by Kalliopé
Expert reports drawn up in a non-adversarial manner and principle of adversarial proceedings
  • France
  • 02 March 2021

In a notable decision, the first civil chamber of the Supreme Court held that under the Code of Civil Procedure, a judge cannot refuse to examine expert reports which disfavour a party that was not called on or represented during the expertise proceedings. With this decision, the Supreme Court has confirmed a precedent by which expert reports drawn up in disregard of the adversarial principle may retain their probative force.


Hong Kong

Contributed by RPC
Court of Appeal sets aside contempt regarding statement of truth
  • Hong Kong
  • 02 March 2021

In a recent case, the Court of Appeal allowed the defendant's appeal against a lower court's finding that he had made a false statement of truth with respect to an admission in a defence filed on behalf of a company. As is normal in such appeals, the Court of Appeal was reluctant to disturb a lower court's primary finding. However, in this case, the Court of Appeal considered that the lower court had been plainly wrong to make an order for committal for contempt of court.


Malaysia

Contributed by Gan Partnership
Injunctions against Shopee?
  • Malaysia
  • 02 March 2021

E-commerce platforms are accessible to both authentic and counterfeit sellers. Anyone may register and begin selling immediately, without the need to undergo scrutiny or due diligence. The high court recently provided some clarification on the extent of liability that online marketplaces have regarding IP infringements by sellers. This decision is a palpable relief for online marketplaces, the continued existence of which arguably benefits the public by encouraging competition and stimulating the economy.


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