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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

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.

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