01/19/2023
Double-Edged Sword: An Overview of the UK Privy Council's Landmark Judgment on the 'Insolvency' of Trusts
Collas Crill acted for the successful lead appellant in the case.
Court Cases
01/18/2023
Danone case indicates: environmental lawsuits no longer limited to climate litigation
In the early summer of 2022, the Higher Regional Court of Hamm, which is dealing with the case, visited Huarez to inspect the situation on site and have it assessed by court experts.
01/17/2023
Bank beats ‘novel’ attempt to use Quincecare to benefit creditors of failed firm
Hay added that such a requirement would impose “an even greater level of investigatory responsibility on banks” than has been suggested in the existing cases.
01/13/2023
Latham Sinks Federal Antitrust Case Against International Aquatic Sports Federation
Scores summary judgement victory in putative class action against World Aquatics, the international federation recognized as the governing body for Olympic and international aquatic sports.
01/12/2023
Dentons Lee’s IP Trial Group wins in Supreme Court
The core issue of the case concerned how to determine the difference in form related to a product’s function when evaluating aesthetic features of a design.
01/11/2023
Singapore court overturns injured worker waiver claim
The court ruled that the waiver agreement had no contractual effect, although it also allocated 15% of the responsibility for the accident to Azmi.
12/27/2022
The Model (Law) Collective: No foreign recognition for provisional liquidators without collective proceedings
This excludes provisional liquidators appointed for corporate mismanagement and asset preservation purposes over otherwise solvent companies.
12/23/2022
Becker vs. Pocher case could also be a matter of re-establishing brand reputation
In the legal dispute before the German court, Becker asserted claims against Pocher for a segment in a television show which had aired in October 2020.
12/19/2022
How hard can it be to determine when an employee starts and ends employment? Clarity in Guernsey at last!
Bedell Cristin represented the Respondent and was successful in its application to have the Claim dismissed.
12/15/2022
UK court ruling highlights privilege and disclosure issues relating to emails in corporate IT systems
The ruling concerns an application made by a claimant in ongoing complex and high-value Commercial Court proceedings
12/13/2022
Dechert Testifies Before Department of Labor on Proposed QPAM Exemption Amendments
Absent the availability of prohibited transaction relief such as the QPAM Exemption, many transactions effected by investment managers on behalf of plans (and “plan assets” entities) could be prohibited under ERISA.
12/08/2022
Holbrey v States Employment Board and Others [2022] TRE 31A
Mr Holbrey was employed under two zero hours contracts with the States Employment Board.
12/07/2022
Disqualification order granted against Jersey company director for the first time in 20 years
Not only was this the first time that a disqualification order had been granted by the Royal Court
12/07/2022
The Continuing Tension between Arbitration Agreements and Liquidation Proceedings
Both decisions also illustrate the importance of a company wishing to refer a dispute to arbitration making a request for a referral in its first statement to the Court on the substance of the dispute.
12/05/2022
Third time’s not the charm! Only in exceptional cases will the Privy Council entertain appeals against concurrent findings of fact from the Court of Appeal
The Court of Appeal held that the terms of the agreement were neither vague nor uncertain and were clearly identified and understood by the parties.
12/05/2022
UK Supreme Court clarifies proprietary estoppel
In a 3:2 majority, the Supreme Court held that the remedy should not be out of all proportion to the detriment suffered without good reason and alternative remedies could also be available. English cases are persuasive in the offshore jurisdictions.
11/29/2022
Australian court allows call on security despite ongoing arbitral proceedings
This decision highlights that a party will not be precluded from calling on a bank guarantee solely because arbitral proceedings are on foot and that the commercial purpose of a bank guarantee will be central to any decision concerning an injunction to re
11/25/2022
Irish Court of Appeal Rejects Partisan Expert Evidence
The Court confirmed that if an expert strays materially from their duties of independence, impartiality and objectivity, their evidence may be excluded altogether.
11/24/2022
Court of Justice of the European Union rules anti-money laundering directive provision invalid
The objectives of transparency and disclosure regimes are often at odds with individual rights and interests but it is often believed that such laws only move in the direction of ever-increasing transparency.
11/22/2022
Dentons represents Volotea in its victory at the EU Court of Justice
The judgment followed General Tamara Ćapeta’s opinion of April 7, 2022, that the first-instance judgment against Volotea and other plaintiffs contained errors of law.