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Suspicious activity reports and 'no consent' – recent Guernsey court decision

The Guernsey Court of Appeal previously expressed concern about resourcing at the authority but if this remained an issue

BVI litigation briefing: Significant changes to court rules governing service out of the jurisdiction come into effect from 31 July 2023

The changes are expected to substantially improve the efficiency of progressing claims against foreign parties by removing some of the more burdensome hurdles previously encountered in the early stages of such proceedings.

Hong Kong court lifts stay of proceedings for spent arbitration agreement

This case also demonstrates the difference in the court's approach towards application for stay of the action and the awards when a set aside application is also made.

Eastern Caribbean Supreme Court Civil Procedure Rules, Revised Edition 2023

This Civil Procedure Rules consolidated act does not include the various forms prescribed by the legislation and listed in the Appendix, which are available from Conyers upon request.

Philipp v Barclays Bank: UK Supreme Court provides definitive guidance on the Quincecare duty

If the bank makes the payment without making these inquiries, it will breach its duty.

Grand Court of the Cayman Islands Determines that Misrepresentation Claims by Subscribing Investors are both Permissible and Rank as Unsecured Debts

Officeholders of companies in liquidation which misled subscribing investors might need to reconsider the categories of stakeholders

Herbert Smith Freehills Secures Rare Pre-Discovery Dismissal

Judge Robert Mega found that New and Modern's alleged conduct consisted of legitimate commercial activity

Ruling emphasises South African courts’ discretion over filing timelines

The court, however, elected not to follow this process.

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.

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.

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.

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.

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.

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.

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).

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.

Delaware Chancery Court allows termination of USD230 million telecom deal for breach of Capitalization Representations

Decision underscores primacy of negotiated contract language.

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.

Macfarlanes secures important High Court victory for Business Growth Fund

The claims comprehensively failed.

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.

Court Cases