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Litigation

13 November 2018
Mary M Picard Supreme Court of Canada to rule on what happens to pension when pensioner disappears into thin air

Canada - Dentons

The Supreme Court of Canada recently agreed to hear an appeal of a Quebec case concerning the obligations and rights of a pension plan administrator after a pensioner went missing. In their decisions, the lower courts agreed that the university had been correct to continue the monthly pension payments for the five years that the pensioner had been missing because the pensioner was presumed to be alive at the time.

Author: Mary M Picard
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Nicolas Contis Supreme Court rules on jurisdiction over protective measures

France - Kalliopé

Two recent Supreme Court decisions regarding cross-border litigation have clarified that the French courts will have jurisdiction over forensic examinations ordered as protective measures by a French judge, although foreign judges will likely have jurisdiction over the substance of the matter. In light of these judgments, the French courts are likely to order forensic measures if they are closer to the facts of the dispute even if the matter will be settled by a foreign court.

Authors: Nicolas Contis, Leonardo Pinto
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David Smyth Charging order over funds in court

Hong Kong - RPC

The High Court recently considered whether in principle a judgment creditor is entitled to a charging order over funds paid into court by a judgment debtor in a different action involving another party. The case is an interesting review of the respective interests of the parties when funds are paid into court pursuant to a court order. It concerns the application of established principles to what appears to be a different situation, but one that may give other litigants pause for thought.

Authors: David Smyth, Warren Ganesh
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Hannah Yiu Supreme Court brings final clarity to prospectus liability

New Zealand - Wilson Harle

The Supreme Court recently considered the liability of those associated with the 2004 Feltex Carpets initial public offering of shares under NZ securities legislation. The decision is a useful determination of a number of securities law liability issues in the NZ context. Among other things, it has clarified that an untrue statement for the purposes of Section 56 of the Securities Act need not be misleading to a material extent to be untrue.

Author: Hannah Yiu
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Charlotte Henschen Lowering bar for inducement test in cases of fraudulent misrepresentation

United Kingdom - RPC

The test for inducement in cases of fraudulent misrepresentation is whether 'but for' the misrepresentation, the claimant 'might' have acted differently. The lower hurdle was clarified by the High Court in Nederlandse Industrie Van Eiprodukten v Rembrandt Enterprises and represents a departure from previous authorities, in which the test had been said to be whether but for the misrepresentation the claimant would have entered into the contract anyway.

Authors: Charlotte Henschen, Chris Ross
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Recent updates

Marina Joud Court procedure when enforcing European Account Preservation Orders in Cyprus

Cyprus - Elias Neocleous & Co LLC

Author: Marina Joud
Jonathan Cary Five ways civil courts are fighting back against cybercrime

United Kingdom - RPC

Authors: Jonathan Cary, Eliot Henderson
Elmira Baghery Amsterdam District Court dismisses Fairfield Funds' claim against PwC in relation to Madoff Ponzi scheme

Netherlands - AKD NV

Author: Elmira Baghery
Jessica Wong Company barred from recovering same loss as subsidiaries

Hong Kong - RPC

Authors: Jessica Wong, Lorcan Treacy
Hao Zhan Court examines refusal to deal in private antitrust litigation against Tencent

China - AnJie Law Firm

Authors: Hao Zhan, Ying Song, Stephanie Wu Yuanyuan, LV Hongije
Marina E Sampson Cheers to interprovincial trade: first application of Supreme Court of Canada's decision in R v Comeau

Canada - Dentons

Authors: Marina E Sampson, Ara Basmadjian, Matthew Bradley
Andrew Thorp Think before you blink: court halts cross-border requests without consideration

British Virgin Islands - Harney Westwood & Riegels

Authors: Andrew Thorp, Jonathan Addo, Aki Corsoni-Husain, Vicky Lord
Mathieu Laurent Court of Appeal rules on interpretation of court decisions

Luxembourg - Luther SA

Authors: Mathieu Laurent, Maurice Goetschy

Awards

Global Counsel Awards 2019

Call for nominations

We are conducting confidential research on corporate counsel for the 13th annual Global Counsel Awards. The purpose of the awards is to identify those in-house counsel, both teams and individuals, that excel in their specific roles. To nominate an in-house team and/or individual, as well as a general counsel, that has particularly impressed you over the past 12 months, please complete this short online questionnaire – it should only take a few minutes.


To submit your nomination please visit:
http://nominate.globebmg.com/gca/

Upcoming events

IBA - 10th Annual Mergers and Acquisitions in Russia and CIS Conference

16 November 2018 – Moscow, Russia

This year’s event will bring together practitioners from across the globe to discuss emerging developments and hot topics in M&A in Russia and the Commonwealth of Independent States and provide commentary from some of the world’s leading experts.


For more details go to:
https://goo.gl/W4fxkp

IBA - Litigation and Dispute Resolution in Africa

15-16 November 2018 – Accra, Ghana

This essential conference will focus on the challenges of litigation in Africa, the impact of technology and artificial intelligence, rules of court in Africa and white collar crime.


For more details go to:
https://goo.gl/D3y4gC

IBA - Building the Law Firm of the Future 2018

16 November 2018 – London, England

Following the unprecedented success of last year's conference, the 2018 law firm management conference will once again be an extremely innovative and forward-looking event. Its speakers and panellists will gather to explore the future for law firms and provide their thoughts and insights on how law firms will look in five or 10 years.


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

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