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18 February 2020
Jonathan Crompton Challenge to bank's suspension of account rejected

Hong Kong - RPC

The High Court has rejected an application for summary judgment of a claim to release money frozen by a bank. This was in the context of an investigation into the alleged use of the account for criminal activity. In its defence, the bank argued that the customer agreement contained an implied term that the bank could act on evidence of suspected fraudulent conduct to suspend operation of the account.

Authors: Jonathan Crompton, Antony Sassi
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Péter Korózs Penalty claim without prior reservation? Supreme Court confirms estoppel-based practice

Hungary - SMARTLEGAL Schmidt & Partners

Is a penalty for delayed performance enforceable if the purchaser fails to reserve its rights immediately? Or is enforceability excluded only if the purchaser expressly waives its right? This article analyses the Supreme Court's judgment in a recent construction dispute, in which the court appears to have maintained its estoppel-based practice despite recent legislative changes.

Authors: Péter Korózs, Richard Schmidt
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Huib Berendschot Competence of district courts in summary proceedings relating to EU Community designs

Netherlands - AKD

The Supreme Court recently requested a preliminary ruling from the European Court of Justice (ECJ) concerning the competence of district courts in summary proceedings relating to EU Community designs. An immediate consequence of the ECJ's decision is that district courts other than the one in The Hague will be unable to provide provisional measures in cases relating to EU trademarks.

Author: Huib Berendschot
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Davina Given Equitable compensation for breach of fiduciary duty: a question of loss?

United Kingdom - RPC

A director who extracted money from a company by way of sham invoices may have a defence to an equitable compensation claim for misappropriation of the company's funds. The facts in this case may test the willingness of the trial court (due to hear the matter later in 2020) to develop the equitable remedies for breach of fiduciary duty.

Authors: Davina Given, Benedict Coxon
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Recent updates

Joseph Cresswell Lenders face more allegations about their actions on restructuring

United Kingdom - RPC

Authors: Joseph Cresswell, Parham Kouchikali
Nicolas Contis Civil procedure reform: new rules on provisional execution of judgments

France - Kalliopé

Authors: Nicolas Contis, Talel Aronowicz
Riza Gümbüşoğlu Supreme Court revokes its decision on service date of electronic notifications

Turkey - Gün + Partners

Authors: Riza Gümbüşoğlu, Beril Yayla Sapan
Charles Allen Top court confirms basis for indemnity costs

Hong Kong - RPC

Author: Charles Allen
Rik Analbers New class actions act promotes efficient and effective settlement of large-scale damages cases

Netherlands - AKD

Authors: Rik Analbers, Sander Hendrix
Foo Joon Liang Direct payment under CIPAA where main contractor is in liquidation

Malaysia - Gan Partnership

Author: Foo Joon Liang
Marina Vassiliou Guarantee for faithful execution of tenancy lease agreement does not cover statutory tenancy period

Cyprus - Elias Neocleous & Co LLC

Author: Marina Vassiliou

Upcoming event

Managing and Mitigating Risk in Intellectual Assets

26 March, 2020 – London, UK

IP may be the single most important asset a company possesses. Whether it is physical or digital, customer data or operational information, trade secrets or business strategies, IP is often the main driver of revenue for any organisation. As IP becomes a more valuable corporate asset, managing the risks around it become a major business priority. IAM’s inaugural IP Risk Management series will provide organisations with best practices for identifying, evaluating, managing and mitigating IP risks within the business.

For more details go to: