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Litigation

10 September 2019
Antony Sassi Court rejects solicitors' application to dismiss based on time-bar

Hong Kong - RPC

The High Court recently rejected a defendant solicitors' firm's application to strike out a plaintiff's claim on the ground that it was commenced too late. Given the relatively high threshold in Hong Kong for an applicant to succeed with an application to strike out a claim before trial, the court's decision is not surprising. However, the written reasons given in the decision are a useful analysis of the legal principles involved in determining when a cause of action accrues for the tort of negligence.

Authors: Antony Sassi, Warren Ganesh
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Sergio Passerini Supreme Court of Cassation finds that aim of greater productivity justified employee's dismissal

Italy - Ichino Brugnatelli e Associati Studio Legale

A recent Supreme Court of Cassation decision examined whether there were justified objective reasons for an employer to dismiss an employee following his refusal to reduce his hours in the wake of a company reorganisation to reduce labour costs and increase productivity. The court examined previous case law in this regard, reassessed the parameters of justified objective reasons for dismissal and set out the scope of judicial examinations of such a dismissal's legitimacy.

Author: Sergio Passerini
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Guy Tompkins Diminution not required for voidable transactions

New Zealand - Wilson Harle

The Supreme Court recently confirmed that the requirements outlined in Section 292 of the Companies Act 1993 are all that is required in order to void an insolvent transaction. In particular, the court confirmed that there is no additional common law principle stating that the transaction must have diminished the net pool of assets available to creditors. This is a helpful decision which brings certainty to the test for voidable transactions and avoids adding unnecessary complexity into the corporate insolvency regime.

Author: Guy Tompkins
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Davina Given High Court waits for no lawyer

United Kingdom - RPC

An appeal was recently lost after an application for an oral hearing was made just two days late. The High Court's decision is a timely reminder of the strictness of court deadlines and of the importance of being upfront with the court which, on this occasion, was unwilling to forgive ambiguity as to whether the deadline had been met.

Authors: Davina Given, Karina Plain
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Recent updates

Brian Simms Supreme Court identifies its jurisdictional limits to assist in trust arbitration proceedings

Bahamas - Lennox Paton

Authors: Brian Simms, Marco Turnquest
Antony Sassi Subpoena in aid of disciplinary challenge

Hong Kong - RPC

Author: Antony Sassi
Geraldine Elliott Notice givers take care – ignore contracts at your peril

United Kingdom - RPC

Authors: Geraldine Elliott, Tim Potts
Maria Hadjisavva Supreme Court rejects appeal against detention order in sexual assault case

Cyprus - Elias Neocleous & Co LLC

Author: Maria Hadjisavva
Klaus Oblin Recent developments: new database and res judicata effect

Austria - OBLIN Attorneys at Law

Author: Klaus Oblin
Oliver Passmore Z Trusts judgment: whose rights take priority when a trust is insolvent?

Jersey - Ogier

Authors: Oliver Passmore, Daniel Maine
Beril Yayla Sapan Justification of court decisions – an overview

Turkey - Gün + Partners

Authors: Beril Yayla Sapan, Melis Sılacı Korkmaz
Lorena K Harris Alberta judge dismisses case against police officers on grounds of reasonable force

Canada - Dentons

Authors: Lorena K Harris, Amjad Khadhair

Upcoming event

IBA Annual Conference 2019

22 – 27 September 2019 – Seoul, South Korea

The IBA Annual Conference 2019 will be held in Seoul, South Korea, a thriving metropolis that mixes the traditional with the modern – from skyscrapers, high-tech subways, K-pop culture and K-beauty to Buddhist temples, palaces and street markets and a history going back 5,000 years. This technologically forward, but deeply traditional city, located between the North Asian powerhouses of Japan and China, is an ideal location for the largest and most prestigious event for international lawyers.


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https://www.ibanet.org/Conferences/Seoul-2019.aspx?utm_source=seoul&utm_medium=listing&utm_campaign=ILO

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