11/25/2022
Irish Court of Appeal Rejects Partisan Expert Evidence
The Court confirmed that if an expert strays materially from their duties of independence, impartiality and objectivity, their evidence may be excluded altogether.
Court Cases
11/24/2022
Court of Justice of the European Union rules anti-money laundering directive provision invalid
The objectives of transparency and disclosure regimes are often at odds with individual rights and interests but it is often believed that such laws only move in the direction of ever-increasing transparency.
11/22/2022
Dentons represents Volotea in its victory at the EU Court of Justice
The judgment followed General Tamara Ćapeta’s opinion of April 7, 2022, that the first-instance judgment against Volotea and other plaintiffs contained errors of law.
11/17/2022
Too Late to Arbitrate
The approach which the BVI Court takes to disputed debt petitions has been well established
11/10/2022
Weiss Technik Group secures judgment against four former employees
Despite Weiss having robust defences to prevent IP theft from outside the organisation, between 2015 and 2018, Weiss Technik UK was subject to an internal attack by rogue employees.
11/09/2022
Australian court: NSW security of payment adjudication determination ‘precondition’ to legally enforceable debt
The case, in the matter of Nicolas Criniti Pty Ltd (in Liquidation), serves as a stark reminder for contractors and subcontractors of the difficulties associated with recovering amounts due under a construction contract where the contractual counterparty
11/04/2022
British Virgin Islands: They think it's all over. No, it's not…
This decision confirms that an order resulting from an application to set aside a statutory demand is final and no leave is required to appeal it.
11/01/2022
English Court's Beacon for Mutual Recognition and Enforcement of Judgments Positively received by UAE MOJ
It remains to be seen what practical impact the MoJ’s letter will have on the decisions of the UAE courts
10/31/2022
Termination provisions: the English High Court continues to adopt a strict approach to contractual construction
The judgment is a useful reminder of how the English Courts approach questions of contractual construction and the strict approach that is generally taken.
10/28/2022
High Court orders parties in competition case to 'over-disclose' information
It comes after a number of significant issues were raised over the proposed disclosure process in the competition case
10/27/2022
Enforcement of assigned judgment debt refused by British Virgin Islands Court
The BVI nevertheless remains a creditor friendly jurisdiction, and as the obiter comments made by the Court in relation to the public policy defence show, the Court will assist creditors where possible, even if the outcome may be imperfect.
10/27/2022
Trustees’ Rights of Indemnity: Who Takes Priority?
The law of Jersey applied in both cases
10/26/2022
Dechert’s Client IOENGINE Wins Order in Western District of Texas Denying Motion to Transfer Venue in Patent Suit
In denying Roku’s motion to transfer venue, the Court agreed with Dechert’s argument that Roku’s motion was undermined by a lack of candor.
10/20/2022
Common Cause, represented by Southern Coalition for Social Justice and Hogan Lovells, files brief in voting rights case to be heard by the U.S. Supreme Court
The legal arguments made by the petitioners in Moore are untenable and incoherent
10/17/2022
Directors’ duties on the precipice of insolvency: a brief overview of BTI 2014 LLC v Sequana SA
Sequana is the first time the UKSC has adjudicated on the circumstances
10/11/2022
Supreme Court rules on directors duty to act in interests of creditors
The payment of the dividend meant that AWA had significantly fewer assets available to pay under its indemnity obligations.
10/10/2022
BTI v Sequana – directors must continue to be aware of creditors' interests on the road to insolvency
Although decisions of the UK Supreme Court are not binding upon the jurisdictions in which Ogier practises law
10/10/2022
UK Supreme Court decision offers relief to directors of insolvent companies
At the time the dividend was paid, AWA was apparently solvent on both a balance sheet and a cash flow basis
10/07/2022
Scottish court confirms power of ADR decision makers
The judgement also indicates that how the terms of dispute resolution clauses in contracts are drafted can have a major impact on how the courts will interpret and enforce them.
10/04/2022
Seahawk China Dynamic Fund: Grand Court dismisses application to wind-up on the just and equitable basis
The Court considered whether the need for an investigation into the affairs of a company could be a stand-alone ground for presenting a winding-up petition.