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Court Cases

11/03/2023

UK judge overturns $11 billion award against Nigeria due to corruption

The case stems from a 2010 contract signed between P&ID and Nigeria's Ministry of Petroleum Resources for the construction of a gas processing plant.

10/26/2023

English court issues reminder of burden of proof in product liability cases

In coming to its decision, the court approved the two-stage test

10/25/2023

Dutch court blocks national bank’s levies for crypto service providers

The case centred on levies raised in 2021

10/17/2023

Herbert Smith Freehills succeeds for clients in disqualification proceedings

This brings an end to almost six years of investigation and subsequent legal proceedings following the Carillion Group's insolvency in 2018, and comes two and three quarter years after the Insolvency Service launched the case.

10/17/2023

Implications of relying on flawed workplace investigations

The cases demonstrate that while reinstatement is rare, it remains the primary remedy for unfair dismissal, and one the FWC will not hesitate to order where appropriate.

10/12/2023

BVI Court rules that bondholder stands as contingent creditor

This briefing discusses the Decision, how it squares up against the position in other offshore jurisdictions, and takeaways for investors and issuers alike.

10/10/2023

Walkers engaged to act in appeal for Credit Suisse Life (Bermuda) Ltd.

An appeal of the 23 June 2023 Court of Appeal judgment to the Judicial Committee of the Privy Council in London is pending.

10/05/2023

The sound of silence: the role of good faith and silence in Jersey contract law

And so began 10 years of litigation in both the United States and Jersey, culminating in the Royal Court's recent judgment which followed an extensive trial.

10/04/2023

The trial of Sam Bankman-Fried will be a tale of two realities

In the government’s view, what appeared to be the best of times, was actually the worst of times for those that trusted SBF and FTX.

10/04/2023

The principle of incumbency and conflicts of interest

In place of the incumbent JPLs, the Challenging Investors proposed alternative insolvency practitioners to take the appointment as JOLs of GFIF.

09/27/2023

Parties to administrative contracts in Qatar can’t access swifter new court

Put another way, the Employer to a construction contract in an Administrative Court dispute would be in a better position to refute such claims.

09/25/2023

FamilyMart Privy Council decision – Just & equitable petitions susceptible to arbitration “hive off”

This decision provides important clarity on the interplay between a contractual agreement to arbitrate and the shareholders’ statutory right to petition

09/22/2023

Singapore: When restructuring and insolvency regimes collide

The arguments we raised were adopted and cited by the Court as important considerations in reaching its decision.

09/19/2023

Withers' UK media and reputation team wins pro bono freedom of expression victory for clients

The successful outcome for our clients is one which also emphasises the ongoing significance of academic freedom as a right protected under Article 10 of the European Convention on Human Rights.

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

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.

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