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Litigation

27 October 2020
David Smyth Settlement 'solutions' looking for problems?

Hong Kong - RPC

The judiciary in Hong Kong recently published a Guidance Note for Case Settlement Conference in Civil Cases in the District Court. The guidance note extends a pilot scheme for facilitating settlement in general civil cases in the District Court. While facilitating the settlement of certain civil disputes is a laudable aim and part of the underlying objectives in the court rules, the guidance note appears to raise more questions than it answers.

Authors: David Smyth, Antony Sassi
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Oliver Passmore Royal Court demonstrates its ability to assist in administration of foreign trusts

Jersey - Ogier

In a recent decision, the Royal Court considered – for the first time – whether it can exercise a foreign statutory power on the application of a trustee of a foreign trust. The court concluded that it can do so as a matter of principle and went on to exercise an English statutory power so as to permit the trustees of a trust governed by English law to self-deal. The judgment is a welcome one for trustees in two particular respects.

Authors: Oliver Passmore, Daniel Maine
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Ahmed Murad Precedential decision: Supreme Court rules on enforcement of foreign judgments

Maldives - Mazlan & Murad Law Associates

The Supreme Court recently ruled that parties seeking to apply foreign law to a matter in the Maldivian courts have the burden of proving the foreign law to the court. Where a party fails to prove the foreign law, the judge may apply Maldivian law. In light of this, foreign court judgments can be submitted to the Maldivian courts as evidence. Further, a local court decision will be required to enforce a foreign judgment in the Maldives.

Author: Ahmed Murad
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Beril Yayla Sapan Will COVID-19 skyrocket remote hearings?

Turkey - Gün + Partners

Law 7251 recently entered into force, allowing the courts to conduct remote hearings through video and audio transmission either upon the parties' request or ex officio under certain circumstances. Although remote hearings are not new to Turkish law, allowing more space for such practices is significant given the COVID-19 pandemic. However, this practice is available only in certain courts and more widespread use may create capacity problems for the existing judiciary infrastructure.

Authors: Beril Yayla Sapan, Asena Aytuğ Keser
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Jake Hardy To MAE or not to MAE? Court delivers preliminary issues judgment in first COVID-19 MAE case

United Kingdom - RPC

In a recent decision, the head of the Commercial Court provided topical guidance on the construction and application of material adverse effect clauses in the context of the COVID-19 pandemic. The judgment highlights the significance of the precise words used and the importance of ensuring, insofar as possible, that they properly reflect the intended allocation of risk between the parties.

Authors: Jake Hardy, Jodie Gittins
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Recent updates

Mathew Newman Snapshot: recognition and enforcement of foreign judgments

Guernsey - Ogier

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

Italy - ARBLIT Radicati di Brozolo Sabatini Benedettelli Torsello

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

United Kingdom - RPC

Authors: Gillian O'Regan, Alan Williams
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
William Jones Court of Appeal enforces foreign arbitral award in favour of Brazilian airline

Cayman Islands - Ogier

Authors: William Jones, Marc Kish, Anna Snead

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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