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Court Cases

02/04/2025

Australian High Court confirms head contractors fully liable for building defects in NSW

Pafburn in turn appealed that decision to the High Court of Australia

02/04/2025

Liquidation of Cayman Islands Segregated Portfolio Companies

While the individual segregated portfolios operate as distinct economic units in respect of their segregated assets and liabilities, they are not separate legal entities.

02/03/2025

High Court decision will impact the way retail manufacturers protect brands and designs

This is a significant judgment for the retail and consumer goods sector as non-traditional trade mark registrations,

01/28/2025

High Court cases provide summaries for officeholder document disclosure

Liquidators have broad statutory investigative powers to require any person to disclose information in their possession necessary for the liquidators to carry out their functions.

01/23/2025

Withers successfully defends clients in high-profile bitcoin-mining dispute

This case is a great demonstration of our strength in representing clients from the CIS region and advising on digital asset disputes, two of our firm's specialisms.

01/15/2025

'Interpretive Puzzles': Bruyea v. United States and the Net Investment Income Tax

The Bruyea holding represents the latest and most taxpayer-friendly salvo in the long-running debate about the relationship between the NIIT and the United States's double tax treaty network.

01/10/2025

Resolving dispute over a child's ashes: separated parents in dispute

A deceased's wishes are not legally binding.

01/10/2025

Hirachand Supreme Court judgment clarifies use of conditional fee arrangements in 1975 Act cases

The hope is that the Supreme Court's decision causes the more bullish applicants and their legal advisors to take a realistic view at an earlier stage.

01/08/2025

Dentons Rodyk successfully defeats claim of $13 million in the Singapore High Court

Notably, the ex-husband did not contest the first ex-wife’s claim and instead filed a Notice of Intention not to Contest to enable her to enter judgment against him for the said $13 million.

01/08/2025

UK ruling clarifies ‘good arguable case’ threshold for freezing injunction

The Court of Appeal agreed that the two tests should be equated in the context of interlocutory injunctions.

12/30/2024

King & Spalding Successfully Represents Pro Bono Client and Environmentalist Paul Watson In Extradition Case

King & Spalding represented Watson throughout the process, led by Paris partner Jean Tamalet

12/20/2024

Without a trace: Jersey’s courts, missing investors and bona vacantia

There is an expanding bank of decisions in Jersey where assets have been passed to HMRG.

12/18/2024

Jurisdiction dispute? Consider anti-suit injunctions in England and Wales

A common concern is that a foreign court may refuse to recognise or enforce an English jurisdiction clause, based on its own domestic laws.

12/12/2024

Latest Guernsey case concerning a 'Suspicious Activity Report' elaborates on the 'proceeds of criminal conduct' requirement

In October 2021, the FIU responded to the SAR and confirmed that CST was not permitted to release the assets held on the trust fund of the Trusts.

12/12/2024

To be (a son) or not to be: Defining the meaning of 'children' in a trust

There is a presumption that a child born during a marriage is a child of the husband.

12/12/2024

Disruptions and delays: fighting off an attempt to claim the majority of an estate's shares

The Withers team acting for Elena is Paul Hewitt, Alexandra Dix and Rebecca Edwards, instructing Mark Baxter of 5 Stone Buildings.

12/12/2024

Breach of employment contract causing mental injury compensable in Australia

The employee was summarily dismissed by Vision Australia, which found that his conduct constituted serious misconduct.

12/12/2024

Challenging the jurisdiction of arbitral tribunals: a Singapore perspective

The High Court concluded that, in doing so, “the respondent had demonstrated an unequivocal clear and consistent intention to submit to the tribunal’s jurisdiction

12/11/2024

In the representation of Summit Services: Court sides with trustee's decision in family trust dispute

It is hoped that the Privy Council will resolve the uncertainty created by the divergent views of the Jersey and Bermuda Courts following Re Piedmont and Re X Trusts.

11/28/2024

Global investigations: Representing individuals in investigative interviews in the UK and US

America’s founding fathers made clear that a potential witness has a clear choice

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