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Litigation

04 May 2021
Victoria King Grand Court provides clarity on costs

Cayman Islands - Ogier

A recent costs ruling has provided welcome clarity on the circumstances in which the Grand Court will make a costs award on the indemnity basis. A successful party can expect to recover a higher proportion of its costs when an award is made on the indemnity basis (rather than the standard basis) since only costs that are unreasonably incurred or are of an unreasonable amount will be disallowed on taxation and any doubts as to reasonableness are resolved in favour of the successful party.

Authors: Victoria King, Jean Lau
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Alex Horsbrugh-Porter Snapshot: application to court for restoration of Guernsey company

Guernsey - Ogier

In Guernsey, there is a relatively quick and easy process for restoring companies to the Register of Companies when they have been struck off and dissolved. Applications can be made by various parties to the Non-contentious Court, which will deal with the matter 'on the papers'. However, if a party is likely to oppose the application to restore, an application should be made to the Ordinary Court and court attendance will be required.

Authors: Alex Horsbrugh-Porter, Victoria Randall
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Richard Schmidt Can a judicial error create Hungarian jurisdiction if the place of performance is abroad?

Hungary - SMARTLEGAL Schmidt & Partners

This article analyses a recent Supreme Court decision concerning the Hungarian courts' jurisdiction in a dispute arising from an international sales contract. Among other things, the court established that in the absence of a domestic place of performance, the Hungarian courts do not have jurisdiction over a dispute arising from an international sales contract.

Authors: Richard Schmidt, Peter Gritta
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Varun Sharma Consumer Protection Act: impact of change in forum on pending proceedings and retrospectivity

India - Clasis Law

The Supreme Court recently dealt with the question of whether a consumer complaint filed and registered under an earlier piece of legislation which was then repealed must be entertained under the provisions of newer legislation. This judgment is significant as it reiterates the law governing the saving provisions and fate of proceedings initiated and pending under repealed enactments.

Authors: Varun Sharma, Abhishek Goyal
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Gan Khong Aik Apex court considers application of Prest in piercing corporate veil

Malaysia - Gan Partnership

A separate legal entity – or rather, a 'corporate veil' – exists to separate a corporate entity from its incorporators. However, the corporate veil can be lifted when the corporation is used for fraudulent, dishonest and unlawful purposes. The leading judgment of the UK Supreme Court in Prest v Prest brought a new dimension to this fundamental principle. The apex court carefully considered the application of Prest in its recent decision in Ong Leong Chiou.

Authors: Gan Khong Aik, Kang Mei Yee
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Recent updates

Beril Yayla Sapan Law 7251: significant amendments to preliminary examination mechanism

Turkey - Gün + Partners

Authors: Beril Yayla Sapan, Kardelen Özden
Nicolas Contis Court of Cassation issues reminder on time limit in legal actions which have same purpose

France - Kalliopé

Authors: Nicolas Contis, Talel Aronowicz
Varun Sharma Steering between opposite ends of a spectrum: yin and yang of criminal complaints

India - Clasis Law

Authors: Varun Sharma, Abhishek Goyal
Antony Sassi Court reviews witness's reluctance to travel to Hong Kong because of COVID-19

Hong Kong - RPC

Authors: Antony Sassi, Samuel Hung
Daniel Wyatt Forum conveniens – context is key

United Kingdom - RPC

Authors: Daniel Wyatt, Karina Plain
Daniel Maine Trust company's £550,000 fine demonstrates importance of effective and consistent AML procedures

Jersey - Ogier

Author: Daniel Maine
Jennifer Fox Snapshot: notification injunctions

Cayman Islands - Ogier

Authors: Jennifer Fox, Oliver Green, Anna Snead
Alex Horsbrugh-Porter Director disqualification: 12-year disqualification penalty imposed

Guernsey - Ogier

Authors: Alex Horsbrugh-Porter, Michael Rogers

Upcoming event

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.


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