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26 January 2021
David Smyth Court considers claim to money in court once injunction discharged

Hong Kong - RPC

The High Court recently allowed a defendant's application for the release to him of a sum of money paid into court by the plaintiffs in order to fortify an asset freezing injunction that the plaintiffs had obtained against (among others) the defendant. The case reviews some interesting legal issues with regard to Quistclose trust claims in the context of payments into court. It also draws attention to the status of money paid into court for the purpose of fortifying an undertaking as to damages once that purpose becomes spent.

Authors: David Smyth, Warren Ganesh, Jacky Darsono
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Foo Joon Liang Who has the right to sue a consultant?

Malaysia - Gan Partnership

As cashflow is crucial for main contractors in any ongoing construction project, prompt and expeditious payments by the employer are often expected. However, if the main contractor is dissatisfied with the payment certificate, can the main contractor sue the consultant for negligence? The Court of Appeal recently addressed this question and unanimously upheld a high court decision in dismissing a main contractor's claim against a consultant.

Authors: Foo Joon Liang, Tasha Lim Yi Chien
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Tatiana Minaeva When is an error a serious irregularity? Court demonstrates approach to correcting arbitration awards

United Kingdom - RPC

The High Court recently found that a tribunal's admission of a simple computational error, and its refusal to correct it, was a serious irregularity that caused substantial injustice. Based on this, the court remitted an arbitration award back to the tribunal for correction. This is an interesting case; it is rare for Section 68 challenges to be successful and even rarer for an English court judge to find that there has been a serious irregularity that caused or would cause substantial injustice in such a straightforward manner.

Authors: Tatiana Minaeva, Rosy Gibson
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Recent updates

Barbara Wilbrink Theft of luxury watches from storage raises questions over carrier liability

Netherlands - AKD

Author: Barbara Wilbrink
William Jones Snapshot: getting your foreign judgment recognised and enforced

Cayman Islands - Ogier

Authors: William Jones, Deborah Barker Roye, Jeremy Snead
Mathew Newman Not just a rubber stamp: principles for liquidators to get decisions blessed by Royal Court

Guernsey - Ogier

Author: Mathew Newman
Foo Joon Liang Oppression versus derivative actions: courts' wide discretion maintained

Malaysia - Gan Partnership

Authors: Foo Joon Liang, Lee Xin Div
Rebecca Wong Phase 3 of court guidance for remote hearings for civil business

Hong Kong - RPC

Authors: Rebecca Wong, Jonathan Crompton, David Smyth
Beril Yayla Sapan Parties can now request an extension to object to expert reports

Turkey - Gün + Partners

Authors: Beril Yayla Sapan, Asena Aytuğ Keser, Kardelen Özden
Nicolas Contis Clarification of rules on fast-track appeal proceedings

France - Kalliopé

Authors: Nicolas Contis, Talel Aronowicz
Marco Torsello Third-party litigation funding agreements

Italy - ARBLIT Radicati di Brozolo Sabatini Benedettelli Torsello

Authors: Marco Torsello, Lucia Pontremoli

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.

For more details please visit: