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Litigation

10 July 2018
Cristina Wendel Vehicle owner not liable for accident caused by repair shop employee during driving test

Canada - Dentons

The Alberta Court of Appeal recently reviewed the provisions of the Workers' Compensation Act that enable the Workers Compensation Board (WCB) to be subrogated to the right of a claim against a party not covered by the act when the WCB has paid out benefits to a party that is covered by the act. The court confirmed that pursuant to the act, defendants that are not protected from suit should not be held liable for the portion of loss caused by an employer or worker that is protected from suit.

Author: Cristina Wendel
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David Smyth More dismissal of 'dormant' claims

Hong Kong - RPC

Defendants should welcome the recent judgment in Fiscalink International Ltd v Yiu Yu Sum Alex, in which the court struck out the plaintiffs' claims against a majority of the defendants on the basis that the lack of progress over many years was an abuse of process such that the entire action against those defendants should be dismissed. The court's judgment is another example at first instance of a pragmatic application of the relevant principles concerning dismissal for abuse of process.

Authors: David Smyth, Warren Ganesh, Maria Petzsch
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Recent updates

Jessica Williams Court declines to restrain foreign trust proceedings

Cayman Islands - Harney Westwood & Riegels LLP

Authors: Jessica Williams, Charles Moore
Michael D Schafler Canadians may need to pursue internet defamation lawsuits abroad

Canada - Dentons

Authors: Michael D Schafler, Thomas Wilson
Maria Hadjisavva Alignment of Evidence Law with EU Regulation on Electronic Identification

Cyprus - Elias Neocleous & Co LLC

Author: Maria Hadjisavva
Jake Hardy Contractual fiction clauses, unfair contract terms, parliamentary sovereignty and limits of party autonomy

United Kingdom - RPC

Author: Jake Hardy
Ana Ribó Supreme Court rules on penalty clauses in lease agreements

Spain - Pérez-Llorca

Authors: Ana Ribó, Leah Daniels
David Smyth Court clarifies admissibility of mainland court judgment

Hong Kong - RPC

Authors: David Smyth, Milo Qin
Ian Mann Freezing injunction: what is a good arguable case?

British Virgin Islands - Harney Westwood & Riegels

Authors: Ian Mann, Jennifer White, Peter Ferrer
Gan Khong Aik Dishonesty must be present before debtor in assignment can be made liable

Malaysia - Gan Partnership

Author: Gan Khong Aik

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