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Litigation

01 December 2020
Foo Joon Liang Consequential order: functus officio rule stretched for interest of justice

Malaysia - Gan Partnership

The Federal Court recently confirmed that the court is entitled to issue a further order subsequent to its final and perfected judgments or orders only in limited circumstances. However, a change or substitution of one form of remedy with another form of remedy ordered in a subsequent application does not amount to variation subject to the facts of each case. This decision reinforces the inherent jurisdiction of the court to grant consequential orders to ensure that justice is achieved.

Authors: Foo Joon Liang, Chew Zhen Tao
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Simon Hart Largest 'white elephant' in history of group actions

United Kingdom - RPC

BHP has successfully applied to strike out 200,000 claims as an abuse of process. Had the judge not struck out the claims, he would have stayed proceedings on jurisdictional grounds under Article 34 of the EU Recast Brussels Regulation and the doctrine of forum non conveniens. While the significant nature of the proceedings would have raised England's profile as a forum for group litigation, this was ultimately not a case which fell within the parameters under which the court can accept jurisdiction.

Authors: Simon Hart, Molly Russell
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Recent updates

Gan Khong Aik Derivative proceedings: leave of court is substantive legal requirement

Malaysia - Gan Partnership

Authors: Gan Khong Aik, Kang Mei Yee
Fred Kuchlin Can an appeal court order repayment after it has reversed the relevant order?

United Kingdom - RPC

Authors: Fred Kuchlin, Parham Kouchikali
Charles Allen Court continues injunction against unidentified 'doxxers'

Hong Kong - RPC

Authors: Charles Allen, Antony Sassi
Richard Schmidt Can judges control excessive terms in lease agreements?

Hungary - SMARTLEGAL Schmidt & Partners

Author: Richard Schmidt
Eliana Tuijn Validity of NCC and NCCA clauses

Netherlands - AKD

Author: Eliana Tuijn
Janine Häsler High threshold for admission of evidence obtained by private parties in criminal proceedings

Switzerland - Lenz & Staehelin

Authors: Janine Häsler, Nico Ravazzolo
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

Upcoming events

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

IPBC Global 2021

14-16 November 2021

IPBC Global will bring the world’s IP business leaders back together again in 2021 when it reconvenes in Seattle, the fastest growing tech hub in the United States and home to some of the most innovative businesses on the planet. From 14 to 16 November 2021, attendees at the world’s leading IP event will enjoy unsurpassed networking and deal-making opportunities, as well as the chance to join high-level discussions around the key challenges facing those responsible for developing IP business strategies now and into the future.


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

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