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Litigation

16 July 2019
Pantelis Mountrakis Who has locus standi to bring derivative actions in Cyprus?

Cyprus - Elias Neocleous & Co LLC

In order for a derivative action to be raised, there must be evidence of fraud and of wrongdoers controlling a company to the extent that the company cannot be made a plaintiff in a lawsuit. Recent case law has confirmed that when shares in a company are held on trust by a nominee shareholder, only they are entitled to raise an action on the company's behalf. In practice, this means that a company's beneficial owner has no locus standi to claim their rights.

Authors: Pantelis Mountrakis, Daphne Ionides
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Charles Allen Costs recovery for DIY litigation

Hong Kong - RPC

Hong Kong has a high incidence of litigants in person, which is largely explained by the cost of civil litigation generally, the absence of class actions, contingent fee arrangements and third-party funding of most civil claims, and the financial eligibility limits for civil legal aid. As recent decisions show, the rates at which litigants in person are awarded costs are far from generous and, to get more, they have to prove that they had to work on the case during their working hours or that they suffered actual pecuniary loss.

Author: Charles Allen
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Emma West Agent's failure to disclose relevant information: a 'Gauguin-tuan' error?

United Kingdom - RPC

In a recent decision concerning the sale of a Gauguin painting, the Court of Appeal confirmed that if an agent sells a principal's property and fails to disclose to the principal that it received a higher offer for the property, it will not lose its commission unless it acted dishonestly or in bad faith. As such, agents should be careful to pass relevant information to their principal, particularly if they are under a contractual obligation to do so.

Authors: Emma West, Simon Hart
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Canada - Dentons

Authors: Joe Sebestyen, Michael Thackray, Mai Rempel, Bernard J Roth
Tim Brown Collision of legal duties, family loyalties and unreliable truth

United Kingdom - RPC

Authors: Tim Brown, Adam Forster
Mike van de Graaf NCC and NCCA as alternative forums

Netherlands - AKD The Netherlands

Author: Mike van de Graaf
Pantelis Mountrakis Admissibility of digital evidence in court

Cyprus - Elias Neocleous & Co LLC

Authors: Pantelis Mountrakis, Michael Ioannou
Nicolas Contis International Chamber of Paris Commercial Court and International Chamber of Paris Court of Appeal: one year later

France - Kalliopé

Authors: Nicolas Contis, Talel Aronowicz
Antony Sassi Cross-examination of deponent and early disclosure

Hong Kong - RPC

Authors: Antony Sassi, Warren Ganesh
Jacqueline Moody Scope of disclosure orders and contempt of court

British Virgin Islands - Harneys

Authors: Jacqueline Moody, Laura de Heer, Andrew Johnstone, Andrew Thorp
Fernando Eduardo Serec Price of litigating in Brazil: court-awarded attorneys' fees

Brazil - TozziniFreire Advogados

Authors: Fernando Eduardo Serec, Antonio M Barbuto Neto

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