Litigation

22 June 2021

Court of Appeal finds that Norwich Pharmacal relief is available in aid of foreign proceedings

The Court of Appeal has found that the Cayman courts have jurisdiction to grant a Norwich Pharmacal order in support of potential proceedings before a foreign court, even where alternative statutory remedies may be available. The decision confirms a departure in Cayman law from the law in England and Wales, which is perhaps surprising in circumstances where the Norwich Pharmacal jurisdiction itself derives from a decision of the UK House of Lords.

William Jones Authors: William Jones | Nour Khaleq

Cayman Islands | Ogier

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Chinese court system: China International Commercial Court

In 2018 a new mechanism for international commercial disputes resolution was introduced: the China International Commercial Court. The court is part of the Supreme People's Court and has two tribunals in geographically and historically significant cities. In order for the China International Commercial Court to hear a case, certain criteria must be met. The court's judgments are almost always final and can rarely be appealed.

Tim Yimin Liu Authors: Tim Yimin Liu | Iris Tingting Yang

China | Global Law Office

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Amended Provider Liability Limitation Act updates sender information disclosure system

The amended Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders (Provider Liability Limitation Act) was recently enacted and is scheduled to take effect in Autumn 2022. The amended act establishes a new judicial procedure (for non-contentious cases) that is specifically designed for the disclosure of sender information.

Kei Akagawa Authors: Kei Akagawa | Sho Ando

Japan | Anderson Mōri & Tomotsune

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Oppression action: court's discretion has limits

Section 346 of the Companies Act 2016 provides the courts with wide powers to grant remedies as they deem necessary to bring an end to the matters complained of in an oppression action. However, a recent high court decision has shown that such discretion is not absolute or unlimited. This decision may serve as a useful example for legal practitioners when drafting cause papers for clients in an oppression action.

Foo Joon Liang Authors: Foo Joon Liang | Lee Xin Div

Malaysia | Gan Partnership

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Recent updates

Snapshot: appealing civil judgments

Bryan De Verneuil-Smith Authors: Bryan De Verneuil-Smith | Conor Morrissey

Guernsey | Ogier

Chinese court system: circuit courts

Tim Yimin Liu Authors: Tim Yimin Liu | Iris Tingting Yang

China | Global Law Office

Grand Court strikes out creditor's winding-up petition and comments on relationship with arbitration clauses

Michael Snape Authors: Michael Snape | Nicholas Tam | Christopher Levers | Nour Khaleq

Cayman Islands | Ogier

Court rules that management corporation may sue developer for latent defects in common property

Min Lee Tan Authors: Min Lee Tan | Mun Yan Mah

Malaysia | Gan Partnership

Court of Appeal on extensions of time to appeal and stays

Antony Sassi Authors: Antony Sassi | Adalia Chan | David Smyth

Hong Kong | RPC

Terminating and opening bank accounts through litigation

Thijs Hekman Author: Thijs Hekman

Netherlands | AKD

Complying with professional conduct rules for lawyers – a balancing act

Susanne Brütsch Author: Susanne Brütsch

Switzerland | Lenz & Staehelin

Case law on guarantees for defective goods in contracts of sale

Marco Torsello Authors: Marco Torsello | Enrico Pedrotti

Italy | ARBLIT Radicati di Brozolo Sabatini Benedettelli Torsello

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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