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Court Cases

05/26/2023

Eastern Caribbean Court of Appeal grants unless orders in respect of orders of the BVI Commercial Court

In this case, the sanction will be the striking out of appeals.

05/23/2023

Updates to the Eastern Caribbean Supreme Court Civil Procedure Rules

The 2023 Rules come into effect on 31 July 2023.

05/23/2023

No anti-suit injunction against arbitration-related proceedings in Germany

In response, the state turned to the Regional Court at the seat of the investor and demanded that the enforcement of the arbitral award outside Europe be prohibited.

05/16/2023

High Court decision clarifies limits of Bankers Trust disclosure orders

Scenna sought and obtained a ‘Bankers Trust’ order against two Australian banks

05/09/2023

Irish Bribery and Anti-Corruption Law in Focus

The term 'corruptly' is used in determining what an offence is under the Act.

05/09/2023

RAICES, Hogan Lovells, and Lewis Roca file suit on behalf of families separated twice as part of U.S. threat to asylum rights

More Than Three Dozen Cases on Behalf of Plaintiffs Separated Under the Zero Tolerance Policy are Currently Pending Against the U.S. Government in Federal Court

04/25/2023

Macfarlanes secures important judgment in Bermuda Court of Appeal

The Macfarlanes team acting for the successful respondent to the appeal included partners Piers Barclay and Charles Lloyd, senior counsel Paul Hardwick and senior associate Sarah-Louise Fernandez.

04/25/2023

Commodities in Focus Weekly: Deductions from hire

The Court found that non-payment of hire amounted to a deduction from hire if the vessel was allegedly off hire at the instalment date

04/21/2023

The approach to privilege in appraisal proceedings in the Cayman Islands

This decision is relevant to both shareholders and Cayman Islands companies involved in take-private transactions.

04/21/2023

Grand Court of the Cayman Islands looks to insolvency concepts in trustee blessing application

At first blush, this seems like an entirely usual fact pattern and the relief uncontentious.

04/19/2023

Appropriation and valuation of Jersey collateral – case law update

The English law case is not binding on the Jersey courts and the language of the English legislation is different from the Security Law.

04/19/2023

Guernsey court found monies in bank account not the proceeds of crime

In a recent case, the account holder brought a private law action against the bank to establish that the monies were not the proceeds of criminal conduct, allowing the business to deal with the property with the protection of a court order.

04/14/2023

Cayman Court finds that arbitration clauses in shareholders' agreements will apply to disputes over a company's articles

It was the Plaintiff's case that the dispute fell outside of the scope of the arbitration agreement

04/14/2023

Bird & Bird successfully represents Montblanc before the German Federal Court of Justice

A lamp manufacturer claimed that a showcase light fixture sold by Montblanc had infringed its copyright.

04/06/2023

The thorny issue of illegality, mistake and the unruly horse of public policy

By the second stage of the arbitration, the Thai law experts on a closer review of Thai laws, agreed that compound interest was only recoverable in respect of loan agreements.

04/04/2023

25-Year-Old Mutual Will Overturned on Grounds of Son's Undue Influence

Charan also brought claims for rescissions relating to the family shares in Choiceclassic Ltd and various other agreements previously made.

03/30/2023

BVI insolvency proceedings - top creditor FAQs for 2023

Although every case is different, and needs to be considered on its own facts, some questions reoccur repeatedly.

03/30/2023

Lawyer owed no duty to third parties when making wills – Important common law precedent: Dorey v Ashton [2023] GCA 564

The case demonstrates Guernsey common law-making as being influenced, but not bound by, English case law whilst looking to the case law of leading Commonwealth jurisdictions for persuasive guidance.

03/30/2023

German ruling supports speedier challenges to patent validity

The German Patent Act stipulates that revocation claims are only admissible in Germany if the German Patent and Trademark Office (DPMA) or the European Patent Office (EPO) have formally "concluded" their granting procedures.

03/29/2023

Ukraine granted permission to defend itself in UK trial over a $3 billion bond dispute

The UK Supreme Court has held (85-page / 564KB PDF) that it is necessary for Ukraine’s defence against non-repayment of the loan

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