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Sleeping Dogs Don't Lie: Court Draws Inference from Claimant's Inactivity

This intention can be inferred from its prior actions, and can put the burden on the claimant to provide a proper explanation.

Offshore Trusts-Limits of the Revenue Rule in Jersey (Re Mattas)

As a preliminary issue, the court determined that formal service through the Foreign, Commonwealth and Development Office pursuant to the State Immunity Act 1978 (as applied to Jersey) was not required

What documents are within a party's "control" for the purposes of preservation and disclosure in the English courts?

The disclosure rules under Practice Direction 57AD are clear that parties must take reasonable steps to preserve documents within their control

High Court allows disclosure of privileged documents to a foreign trustee

The discretion is to be exercised where it is “necessary” to protect the assets of the debtor or the interest of the creditors.

Bird & Bird achieves major victory for Carpatair in State aid case before the General Court of the EU

On 8 February 2023 the General Court found that the Commission committed several errors of law when examining whether the measures it considered were selective and whether they conferred an advantage.

High Court clarifies definition of written committed statement in contracts

In November, BoComm also wrote to the yard confirming that its board had approved the term sheet.

With All Due Authority... Part Two of our Series on the Impact of Fang Ankong and HWH Holdings Limited V Green Elite Limited

Green Elite was incorporated to effect an employee share benefit scheme for three employees to reward them upon listing of the joint venture (JV).

Hogan Lovells secures antitrust trial win on behalf of virtual reality company Within Unlimited, helps defeat FTC challenge to Meta merger

The Hogan Lovells legal team, led by Antitrust, Competition, and Economic Regulation (ACER) practice lead Logan Breed

Supreme Court ruling in Tate Modern privacy case could create ‘new front of litigation’

The Court noted that the viewing of the residents’ flats by those on the viewing platform went far beyond anything that could reasonably be regarded as a necessary or natural consequence of the common and ordinary use of the Tate’s land.

Employee or not employee? How the ATO answers the question after shifts in the case law

Businesses should review their arrangements with contractors in light of the recent High Court decisions and ATO guidance.

UK – Does an iterative approach mean less contractual certainty?

This opens the way for more creative and commercial approaches to contractual interpretation but comes at the cost of contractual certainty. Further details are set out below.

Firm Earns Pro Bono Victory for Vietnam Vet

Federal Circuit decision has broad implications for veterans with PTSD seeking benefits.

JLT wins Landmark Class action in Supreme Court of new South Wales

The Court found that JLT did not provide the alleged broking services nor make the alleged recommendations, this being the central premise on which all claims were founded.

How Qatar’s Investment and Commerce Court works in practice

One of the most significant changes introduced by the Law No. 21 of 2021 is Article 22.

Getty sues over use of images to train AI

Licensing agreements often contain wider restrictions on use beyond those that relate to IP rights, so AI developers using data or works obtained from a third party need to be aware of those terms to avoid a breach of contract and/or IP infringement.

Linklaters obtained the annulment in favour of Air France of an infringement decision from the Swiss Competition Commission

The decision concerned an alleged cartel among competitors in the air cargo carrier sector.

Court Cases