The Ontario Court of Appeal (ONCA) has released a decision that reiterates a key guiding principle in proceedings brought to enforce an insurer's duty to defend: the court must carefully review the underlying pleading and focus on the true nature of the claim, not simply the words used by the plaintiff in the underlying claim, to determine whether any of the claims could potentially be covered by the policy. The ONCA overturned a lower court judge who the court stated had failed to properly conduct this analysis.
In 2019 the Cologne Higher Regional Court issued a decision on the scope of the right to information under the EU General Data Protection Regulation that has enormous implications for insurers that collect or process personal data. The court held that the right to information covers not only the so-called 'master data' in the relationship between the insurer and the policyholder, but also telephone and conversation notes that the insurer has stored, used and processed with reference to the policyholder.
The Financial Conduct Authority has formally announced the dates for the cessation of all London Interbank Offered Rate (LIBOR) benchmark settings currently published by the Intercontinental Exchange Benchmark Administration. This is an important step towards the end of LIBOR, providing market participants with a fixed timeline for its cessation. The announcement also adds pressure on market participants to complete their transition plans by the end of 2021.
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.
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the question of whether a consumer complaint filed and registered under an earlier piece of legislation which was then repealed must be entertained under the provisions of newer legislation.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as it reiterates the law governing the saving provisions and fate of proceedings initiated and pending under repealed enactments.
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.
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.
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.