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Litigation

31 March 2020
Damian Evans Rusnano Capital AG decision

Guernsey - Ogier

In a recent case, the Guernsey Court of Appeal upheld the deputy bailiff's interpretation of Section 53(3) of the Trusts (Guernsey) Law 2007 that a sole beneficiary can use that section of the law to terminate a discretionary trust even if the trust instrument contains a power to add further beneficiaries.

Authors: Damian Evans, Mathew Newman, Bryan De Verneuil-Smith
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David Smyth Litigation in the time of coronavirus (brief update)

Hong Kong - RPC

The 'general adjourned period' (GAP) during which the courts in Hong Kong have been closed, save for urgent and essential court business, has been extended to 13 April 2020. The GAP is a consequence of the extraordinary measures adopted in Hong Kong to combat the coronavirus public health emergency.

Authors: David Smyth, Antony Sassi
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Tan Min Lee High court grants injunction to restrain winding-up proceeding based on disputed adjudication decision

Malaysia - Gan Partnership

The high court recently delivered a significant decision for the construction industry regarding contractors' cash flow. This decision is welcome as it has laid down clear directions for stakeholders in the construction sector when they are faced with payment and financing issues, as well as for litigants. Further, this decision highlights the importance of conducting preliminary assessments to determine suitable dispute resolution avenues – namely, adjudication, litigation or arbitration.

Author: Tan Min Lee
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Barbara Wilbrink Burden of proof remains with shipowner in proving terminal operator liability

Netherlands - AKD

The loading and unloading of cargo from ships is a key element in the transport chain. However, ships are sometimes damaged during these operations. This raises the question of whether – and on what grounds – a terminal operator can be successfully held liable for such damage. A recent Rotterdam District Court decision upheld the standard of liability established in Dutch case law, confirming that the burden of proof lies with the shipowner when it comes to demonstrating terminal operator liability.

Author: Barbara Wilbrink
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Matthew Evans COVID-19 and the courts: a headlong journey into remoteness

United Kingdom - RPC

The English civil justice system has shown itself to be capable of rapid change as it adapts to the new reality caused by COVID-19. The clarion call from the English courts is that they are open for business, driven by the need to maintain the access to justice which is vital for the functioning of civil society. However, this will not be an easy task and it would be naive to think that there will not be teething problems during the move into a new era of conducting litigation in new ways.

Author: Matthew Evans
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Recent updates

Jeffrey Kleywegt Application of principle of effectiveness could lead to exclusion of national limitation rules

Netherlands - AKD

Authors: Jeffrey Kleywegt, Robert Van Vugt
Beril Yayla Sapan No separate claim for interest needed when increasing value of claim in dispute

Turkey - Gün + Partners

Authors: Beril Yayla Sapan, Asena Aytuğ Keser
Antony Sassi In with the old and the new technology

Hong Kong - RPC

Authors: Antony Sassi, Jonathan Crompton, David Smyth
Alan Williams Quasi-proprietary claims: use of disputed funds to pay legal costs

United Kingdom - RPC

Authors: Alan Williams, Laura Martin
Marina Vassiliou Court procedure for evicting defaulting tenants amended

Cyprus - Elias Neocleous & Co LLC

Author: Marina Vassiliou
Jennifer Fox Cryptoassets as property: litigators' tools to assist in their tracing and recovery

Cayman Islands - Ogier

Authors: Jennifer Fox, Deborah Barker Roye
Richard Schmidt Optional jurisdictional clauses: limited effect in Hungary?

Hungary - SMARTLEGAL Schmidt & Partners

Author: Richard Schmidt
Mathieu Laurent District court rules on interpretation of minority actions

Luxembourg - Luther SA

Authors: Mathieu Laurent, Marie Romero

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