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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

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.

Holbrey v States Employment Board and Others [2022] TRE 31A

Mr Holbrey was employed under two zero hours contracts with the States Employment Board.

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

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.

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.

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.

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

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.

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.

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.

Too Late to Arbitrate

The approach which the BVI Court takes to disputed debt petitions has been well established

Weiss Technik Group secures judgment against four former employees

Despite Weiss having robust defences to prevent IP theft from outside the organisation, between 2015 and 2018, Weiss Technik UK was subject to an internal attack by rogue employees.

Australian court: NSW security of payment adjudication determination ‘precondition’ to legally enforceable debt

The case, in the matter of Nicolas Criniti Pty Ltd (in Liquidation), serves as a stark reminder for contractors and subcontractors of the difficulties associated with recovering amounts due under a construction contract where the contractual counterparty

Court Cases