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Litigation

20 October 2020
Mathew Newman Snapshot: recognition and enforcement of foreign judgments

Guernsey - Ogier

There are two routes for the enforcement of foreign judgments in Guernsey. The statutory method is available only for judgments from certain jurisdictions which can be registered in Guernsey following a specified statutory process. For all other countries, a judgment creditor must rely on common law principles to have a judgment recognised and thereafter enforced in Guernsey.

Authors: Mathew Newman, Sandie Lyne, Charlotte Ward
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Marco Torsello Premium interest rate payable to creditors which file claims before Italian courts

Italy - ARBLIT Radicati di Brozolo Sabatini Benedettelli Torsello

Creditors taking legal action before the Italian courts to secure payment against their debtors have long regarded this as a nightmare option due to the length and complexity of Italian civil proceedings. However, recently introduced legislation may render this nightmare a dream, as claimants bringing actions for payment are now entitled to a premium interest rate equal to that available in respect of late payments in commercial transactions under the relevant EU legislation.

Authors: Marco Torsello, Nicolò Minella
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Gillian O'Regan Hidden owners, ostensible authority and Duomatic principle

United Kingdom - RPC

According to a recent Privy Council decision, the Duomatic principle can apply to ostensible authority as well as actual authority. The council found that a company's director and registered agent were not in breach of their tortious duties of care to the company where they were acting on the instructions of an agent who had ostensible authority. This case provides insight into circumstances where arrangements cloaking the beneficial owners of, in particular, offshore companies are relatively common.

Authors: Gillian O'Regan, Alan Williams
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Recent updates

Victoria Rea Cryptocurrencies as property

New Zealand - Wilson Harle

Author: Victoria Rea
Carissa How Post-ASM: is an adjudication decision a disputed debt?

Malaysia - Gan Partnership

Authors: Carissa How, Min Lee Tan
Mathieu Laurent Luxembourg District Court rules on company wrongdoing as ground for piercing corporate veil

Luxembourg - Luther SA

Authors: Mathieu Laurent, Raphaël Schindler
Antony Sassi Court refuses to restrain presentation of winding-up petition and comments on ex parte proceedings

Hong Kong - RPC

Authors: Antony Sassi, Jacky Darsono
Kirtan Prasad Fishing expedition or genuine application? Norwich Pharmacal relief when wrongdoing is still unknown

United Kingdom - RPC

Authors: Kirtan Prasad, Davina Given
William Jones Court of Appeal enforces foreign arbitral award in favour of Brazilian airline

Cayman Islands - Ogier

Authors: William Jones, Marc Kish, Anna Snead
Richard Schmidt Does choice of court amount to choice of law?

Hungary - SMARTLEGAL Schmidt & Partners

Authors: Richard Schmidt, Anita Vereb
Beril Yayla Sapan Court of Cassation's latest approach to actions for unquantified amounts of receivables

Turkey - Gün + Partners

Authors: Beril Yayla Sapan, Asena Aytuğ Keser, Melis Sılacı Korkmaz

Upcoming event

IAM Industry Review 2020

30 November – 9 December 2020

Most of the world’s major economies have been subject to some kind of pandemic-induced lockdown in 2020, but that does not mean that everything has stopped. As well as adjusting to the multiple practical and strategic challenges posed by COVID-19, IP professionals in a number of key industries have also had to absorb regulatory developments, potentially game-changing court decisions, new legislation, big deals and a shifting patent landscape. IAM’s Industry Review 2020 will focus on five key business sectors: life sciences; telecoms; automotive; software and AI; and semiconductors. For each one, leading experts will explore the year’s ups, downs and pivotal moments, while dissecting what they will mean for 2021.


For more details please visit:
https://cvent.me/ZQZ3N3?RefId=LexILO

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