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Litigation

30 June 2020
Antony Sassi Further guidance on remote civil hearings

Hong Kong - RPC

A second guidance note on the use of remote hearings in civil proceedings took effect on 15 June 2020. The guidance note (representing Phase 2) provides for expanded videoconferencing facilities and telephone hearings with respect to the civil business of the first-instance courts and the Court of Appeal. Phase 2 is to be read together with the Phase 1 guidance note issued on 2 April 2020. Phase 2 is more comprehensive and provides more options for connecting with the courts' videoconferencing facilities.

Authors: Antony Sassi, David Smyth
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Janine Häsler No review by Swiss courts of government's approach to climate change

Switzerland - Lenz & Staehelin

The Supreme Court has held that an association of elderly women lacks standing to request the Swiss courts to review Switzerland's approach to meeting the Paris Agreement targets to mitigate the effects of climate change. The court's decision was seemingly motivated by the broad means available to individuals and groups to engage in the political process in Switzerland. The decision casts doubt on the future of climate change litigation which questions the approach taken by the Swiss government.

Author: Janine Häsler
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Daniel Hemming Waiving goodbye to privilege – reliance is key

United Kingdom - RPC

In what circumstances will a party waive privilege over legal advice by referring to it in evidence? Reference to the fact of the advice may not be sufficient but reliance on that advice is likely to be. Further, a limited waiver of privilege over certain documents does not mean that those documents are irrelevant from a privilege point of view thereafter and that their subsequent deployment could not result in collateral waiver.

Authors: Daniel Hemming, Steven Rajavinothan
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Recent updates

Oliver Payne Standard directions in Section 238 appraisal proceedings confirmed

Cayman Islands - Ogier

Authors: Oliver Payne, Shaun Maloney
Gan Khong Aik Apex court rules that high court orders and decisions that do not finally dispose of litigants' rights are non-appealable

Malaysia - Gan Partnership

Authors: Gan Khong Aik, Ka Hui (Tommy) Lim
Rosy Gibson Privileged but admissible? When can without prejudice material be pleaded in statements of case?

United Kingdom - RPC

Authors: Rosy Gibson, Simon Hart
Nicolas Contis COVID-19: government emergency measures to mitigate pandemic's effects on legal delays

France - Kalliopé

Authors: Nicolas Contis, Talel Aronowicz
Antony Sassi Expansion of use of remote hearings

Hong Kong - RPC

Authors: Antony Sassi, David Smyth
Marco Torsello Post-lockdown litigation: Phase 2 special rules for court proceedings

Italy - ARBLIT Radicati di Brozolo Sabatini Benedettelli Torsello

Authors: Marco Torsello, Federica Serrantoni
Ella Boardman COVID-19 Weekly Report (1-7 June 2020)

International - International Law Office

Author: Ella Boardman
Maria Hadjisavva Cyprus convicted and fined for 26-year-old soldier's death

Cyprus - Elias Neocleous & Co LLC

Author: Maria Hadjisavva

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