09/19/2023
In the nick of time? A reminder of the principles which apply to the adjournment of winding-up petitions
The court considers the views of all creditors
Court Cases
09/12/2023
Fifth Circuit Rules in Favor of Linklaters and ACLU Justice Lab Client, Sending St. Tammany Parish Police Misconduct Case to Trial
The Fifth Circuit’s decision is the latest victory for ACLU of Louisiana’s Justice Lab program
09/07/2023
Guernsey Financial Services Commission's decisions upheld on appeal
Action was also taken by the Commission against another director, V, who was not the subject of the appeal.
08/31/2023
Group company GDPR fines calculation question goes before EU court
A court in Denmark has asked the Court of Justice of the EU (CJEU) to determine what the meaning of ‘undertaking’ in the legislation is.
08/30/2023
Important Takeaways for Bondholders: Do They Have Rights as Contingent Creditors?
The Court held that the Petitioner did not have standing or authority to progress the proceedings and the Petition was dismissed.
08/29/2023
Corruption risks in mining remain despite UK probes dropped
The SFO’s investigation into Rio Tinto was carried out with cooperation from other authorities around the world, including in the US.
08/29/2023
Directors’ duties and obligations under Cayman Islands law
In most cases directors are responsible to the company and not, in the absence of special circumstances, to the shareholders as individuals.
08/29/2023
South African case confirms unjustified enrichment can be claimed under an arbitration clause
The special plea of jurisdiction was premised on the argument that because the claim was one of unjustified enrichment and not grounded in contract
08/25/2023
National Rail faces charges over Stonehaven rail crash
The development comes just weeks after Transport for London, which owns and maintains London’s transport infrastructure,
08/25/2023
Guernsey Court of Appeal grants Guernsey Financial Services Commission permission to appeal
Mourant acted for the Commission in the application for permission to appeal.
08/24/2023
Permanent Court of Arbitration considers its competence under the India-Pakistan Indus Waters Treaty
In reaching this conclusion, the PCA referred to India’s conduct during the 2013 arbitral proceedings.
08/21/2023
London International Exhibition Centre Plc v Royal & Sun Alliance Insurance Plc & Ors [2023] EWHC 1481: Impact on Landlord and Tenants
This interpretation would mean that the businesses would have to show that their losses would not have occurred but for the singular occurrence or occurrences of Covid-19
08/18/2023
Fed. Cir. maintains A&O’s U.S. IP Technology Team’s post-trial injunction on behalf of Wonderland Group
Earlier, the Federal Circuit issued an order maintaining a permanent injunction that orders Evenflo to stop selling its signature car seats
08/18/2023
Remuneration-related company pension and part-time employment - What time period is decisive?
The Labor Court already argued that the corrective effect of the guideline, by focusing on the last 10 years
08/17/2023
Lau Man Sang, James and Others v. King Bun Limited and Others BVIHCMAP2021/0034
The appeal arose from the Appellants’ challenges to a successful derivative action
08/16/2023
UK: Claimants bringing Collective Actions in the CAT suffer Setback at the Supreme Court
A DBA is a ‘no win no fee’ arrangement, entitling a client’s representative to a percentage of any awarded damages.
08/15/2023
Bribery arrests bring corruption risks faced by mining firms into focus
The NCA said it arrested Andrianarisoa and Tabuteau in London on Thursday last week “at a meeting where they are suspected of having attempted to solicit a bribe”.
08/10/2023
Ruling allows national judicial protection against intra-EU arbitral proceedings
Different German courts initially handed down conflicting decisions on whether the application under section1032 of the ZPO was admissible
08/10/2023
FIFA wins legal battle over new football agent regulations
The CAS decision confirmed FIFA’s authority to regulate the activity of football agents in the transfer system, as well as the validity of the FFAR.
08/09/2023
BVI Court Strikes Out Witness Statement of Fact for Trial
Justice Mangatal held that materially the whole of the witness statement should be struck out.