07/14/2023
Ruling emphasises South African courts’ discretion over filing timelines
The court, however, elected not to follow this process.
Court Cases
07/10/2023
Can the British Virgin Islands Court order the examination of foreign persons in BVI liquidations?
As such, the answer to the question is likely to remain uncertain until it has been resolved by the Eastern Caribbean Court of Appeal.
07/05/2023
Limitless: Liquidators, injunctions and cross-undertakings in damages
The same day that the petition was presented, without notice applications were made for the appointment of a provisional liquidator, Mr Stephen Hunt (the Provisional Liquidator), and associated freezing orders.
06/26/2023
SkyKick ruling could herald UK and EU trade mark law divergence
The Supreme Court is now to consider the legal test for ‘bad faith’ trade mark registrations following an appeal by SkyKick against the Court of Appeal’s judgment.
06/23/2023
Herbert Smith Freehills Succeeds for Client in Contractual Indemnity Dispute
The PPI policies were sold to customers between 1991 and 2004 by retailer Next acting as agent for PA(GI) as the insurer.
06/22/2023
The Credit Suisse AT1 bond crisis: 3 months on – Perspectives from the Far East
Any investment dispute shall, as far as possible, be settled amicably through consultations between the investor and the disputing Party at the request of the investor.
06/16/2023
Appointment of Liquidators: BVI Court Rejects 'Put-Up Job' Defences
By its judgment, the Court appointed joint liquidators over the respondent BVI HoldCo and, in so doing, confirmed its proactive and forensic approach to the analysis of alleged defences to debts upon which liquidation applications are founded.
06/16/2023
Case review: Ioannou v Charity Commission for England and Wales
The Trustee held his role at the Charity from 2013 and was a resident of the Estate (and therefore a member of the Charity).
06/09/2023
Internal disciplinary processes: A basic guide – June 2023
Central to this is the concept of natural justice, a legal principle and requirement emphasising fairness, equality, and impartiality.
06/08/2023
Delaware Chancery Court allows termination of USD230 million telecom deal for breach of Capitalization Representations
Decision underscores primacy of negotiated contract language.
06/01/2023
Non-party disclosure respondents entitled to costs in jurisdictional challenge
Gorbachev argues that two Cypriot companies acted as trustees of two Cypriot trusts operated by close associates of Guriev.
05/30/2023
Macfarlanes secures important High Court victory for Business Growth Fund
The claims comprehensively failed.
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