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Litigation

May 15 2018
Marina E Sampson Supreme Court of Canada upholds trade barrier in beer import case

Canada - Dentons

The Supreme Court of Canada recently determined that New Brunswick's restrictions on the importation of beer are constitutional and held that laws which create an incidental restriction on trade – but otherwise form a rational connection to a broader regulatory regime that is not targeted at restricting trade – will not contravene the Constitution Act 1867. The decision is controversial, as it sets a low threshold for a province to justify a law that, on its face, clearly restrains trade across provincial boundaries.

Authors: Marina E Sampson, Ara Basmadjian
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Ian Mann Court of Appeal rules on dissenters' discovery

Cayman Islands - Harney Westwood & Riegels LLP

The Cayman Islands Court of Appeal has released its decision in the appeal of a directions order on the issue of whether dissenting shareholders in appraisal actions under Section 238 of the Companies Law are required to give discovery. The court emphasised the danger in forming a priori assumptions regarding relevance and concluded that there was insufficient justification for adopting an "extreme and unique" position of one-sided disclosure in Section 238 cases.

Authors: Ian Mann, James Granby, Vicky Lord, Nick Hoffman
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Maria Hadjisavva Strict application of security for costs rules

Cyprus - Elias Neocleous & Co LLC

In Cyprus, as in most jurisdictions, a defendant in litigation which fears that the claimant may be unable to satisfy costs orders made against it can apply to the court for a security for costs order. In civil proceedings, the courts – in certain circumstances – can order the claimant to provide security for the defendant's costs after the trial has ended. However, specific requirements must be fulfilled, and the courts are strict in applying the rules.

Author: Maria Hadjisavva
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David Smyth Production of company documents to liquidators

Hong Kong - RPC

A recent case involved a contested dispute over the liquidators' access to certain documents stated to be in the respondent's possession or control. At first instance, the court refused to order the respondent to give wide-ranging production of documents to the liquidators on the basis that the documents sought did not fall within Section 221(3) of the Companies (Winding Up and Miscellaneous Provisions) Ordinance. This judgment was recently successfully appealed by the liquidators.

Authors: David Smyth, Warren Ganesh
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Stefanie Roose Dutch court rules that tank storage provider cannot invoke exoneration clause contained in VOTOB conditions

Netherlands - AKD NV

The Rotterdam District Court recently ruled that a tank storage provider could not invoke the exoneration clause of the General Conditions for Tank Storage in the Netherlands (the VOTOB conditions), which are frequently used by Dutch tank terminals and storage companies. The decision is relevant, as it appears to contravene the rather strict approach adopted in Dutch case law in relation to successfully setting aside a VOTOB exoneration clause.

Authors: Stefanie Roose, Barbara Wilbrink
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Andy McGregor Senior noteholder directions: another commercial approach by Financial List

United Kingdom - RPC

In a recent case, the High Court confirmed the validity of a senior noteholder's directions under a note structure governed by the laws of multiple jurisdictions. In doing so, it highlighted the common ground between the London and New York markets with regard to the common law principles of contractual construction and demonstrated the efficiency of the speedy trial procedure in the Financial List.

Authors: Andy McGregor, Matthew Evans
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Recent updates

Joanne Verbiesen Costs of breaching an exclusive jurisdiction clause: BDO Cayman v Argyle Funds

Cayman Islands - Harney Westwood & Riegels LLP

Authors: Joanne Verbiesen, Aleisha Brown, Jessica Williams
Mathieu Laurent Luxembourg District Court rules on judicial management reports

Luxembourg - Luther SA

Authors: Mathieu Laurent, Maurice Goetschy
Haco Van der Houven van Oordt Dutch court underlines arrestors' rights

Netherlands - AKD NV

Author: Haco Van der Houven van Oordt
Alan Williams Guidance provided on freezing order undertaking

United Kingdom - RPC

Authors: Alan Williams, Jonathan Cary
Cristina Wendel Court accepts joint submission and orders employer to pay fine of C$100,000 following workplace fatality

Canada - Dentons

Author: Cristina Wendel
Jessica Wong Flawed claim against solicitors struck out

Hong Kong - RPC

Authors: Jessica Wong, David Smyth
Ian Mann Substance of Aldi principles apply in British Virgin Islands

British Virgin Islands - Harney Westwood & Riegels

Authors: Ian Mann, Lucy Hickmet, Kimberly Crabbe-Adams
Christiana Pyrkotou Supreme Court decides on acquittal and right to appeal

Cyprus - Elias Neocleous & Co LLC

Author: Christiana Pyrkotou

Upcoming event

IBA - 13th Annual Bar Leaders’ Conference

May 23-24 2018 – Oslo, Norway

Once again, this key event will bring together delegates from around the globe to discuss the latest developments, and so often thorny issues, affecting the legal profession today. This year’s programme will, as always, include input from expert panellists and commentators, as well as encourage interaction from delegates in several discussion sessions.


For more details go to:
https://goo.gl/vyPUvt

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