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Litigation

15 September 2020
Adalia Chan 'Stale claims' on the way out?

Hong Kong - RPC

In a recent case, the High Court allowed the defendants' applications to dismiss the plaintiff's two actions on the ground of abuse of process – in particular, given that no procedural step had been taken by the parties since 1 April 2009, just before the civil procedure reforms came into effect in Hong Kong. Although each application for dismissal based on abuse of process turns on its facts, this case demonstrates that egregious delay and inaction can prove fatal.

Authors: Adalia Chan, Antony Sassi
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Min Lee Tan CIPAA: court has no discretion to set aside adjudicator's costs order

Malaysia - Gan Partnership

The Construction Industry Payment Adjudication Act 2012 (CIPAA) was enacted to alleviate payment problems in the construction industry by allowing any payment dispute to be resolved speedily through adjudication. However, the losing party may opt to set aside or stay an adjudication decision pursuant to Sections 15 and 16 of the CIPAA. In a recent case, a dilemma arose as to whether the costs determined by the adjudicator in withdrawing adjudication proceedings could be challenged in court.

Authors: Min Lee Tan, Hui Juan Lee
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Karina Plain Security for costs not ordered despite looming economic downturn caused by COVID-19

United Kingdom - RPC

Evidence of the adverse impact of the COVID-19 pandemic on the claimant's financial position was not enough to show an inability to pay adverse costs in a recent application for security for costs in the High Court. Although this decision demonstrates the court's willingness to consider the impact of the pandemic and the looming economic downturn in considering a party's financial viability for the purposes of a security for costs application, general evidence of the pandemic's economic impact will not suffice.

Authors: Karina Plain, Chris Ross
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Recent updates

Tim Potts Stick to the process: further reminder of how useful process agent clauses can be, especially following Brexit

United Kingdom - RPC

Authors: Tim Potts, Daniel Wyatt
Lee Xin Div Section 30 of CIPAA: apex court maintains mandatory direct payment obligation against employer under receivership

Malaysia - Gan Partnership

Authors: Lee Xin Div, Foo Joon Liang
David Smyth Court of Appeal reviews summary judgment in 'water leakage' disputes

Hong Kong - RPC

Authors: David Smyth, Warren Ganesh
Marco Torsello Specialised commercial courts with jurisdiction over claims against foreign defendants: the Italian approach

Italy - ARBLIT Radicati di Brozolo Sabatini Benedettelli Torsello

Authors: Marco Torsello, Caterina Coroneo
Marc Kish Court of Appeal re-examines master-feeder redemption procedures

Cayman Islands - Ogier

Authors: Marc Kish, Gemma Lardner, Justin Savage, Giorgio Subiotto
Marina Vassiliou Supreme Court rules that monetary benefit given to employee constitutes salary and must be paid

Cyprus - Elias Neocleous & Co LLC

Author: Marina Vassiliou
Bram Woltering Use of customs information in relation to parallel imports

Netherlands - AKD

Author: Bram Woltering

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