07/25/2022
Court of Appeal overturns injunction preventing employer from ‘firing and rehiring’
The case highlights once again the legal, political and moral complexities surrounding ‘fire and rehire’.
Court Cases
07/22/2022
Court orders UK Government to revise net zero target policies report
On 18 July 2022, the Court allowed environmental campaign groups’ judicial review challenge of the government’s strategy to reduce greenhouse gas emissions.
07/21/2022
Case update: Polarcus – a declaratory relief for Cayman Islands official liquidators
The need for a further application provides a useful reminder that all steps necessary to implement a transaction should be carefully considered in order that any necessary ancillary relief can be sought as part of the sanction application.
07/15/2022
To exercise or not: minority shareholders' and directors' right to inspect company books and records | Hong Kong
The Court rejected the application as the plaintiff failed to discharge the burden to the Court’s satisfaction to allow the inspection.
07/15/2022
The price of an interlocutory injunction
At first instance, McMillan J found that the undertaking and therefore, the loss, endured until 25 May 2016 when EFML repaid to Fenris the money it had received pursuant to the order of Foster J, and assessed the loss at €5,354,601.07 plus interest.
07/14/2022
Dechert Represents Hidili
The Hong Kong Scheme was approved by an overwhelming majority of creditors
07/13/2022
Cross-border insolvency - Hong Kong Court confirms common law recognition and assistance does not extend to solvent liquidations
The decision helpfully clarified that (i) the common law power to recognise and assist foreign officeholders does not extend to solvent liquidations and the COMI test has no relevance, and (ii) the conflict of laws principles apply to the solvent liquidat
07/11/2022
Flexibility of injunctions: JSC Commercial Bank v Kolomoisky
The claimant bank had previously obtained an interim freezing injunction over the assets of the defendant
07/11/2022
Recent developments in the law of tracing in the Cayman Islands
Other factors might be the closeness in time between the payments and the fact, if it could be established, that Peter had authorised the payment to Mary.
07/08/2022
If it looks like an Attorney
In a recent judgment the Grand Court of the Cayman Islands confirmed that in-house counsel are “attorneys” under the Grand Court Rules for the purposes of taking steps on behalf of a body corporate
07/06/2022
Russian Sanctions Regime: Court Issues Further Guidance to Legal Practitioners
The court recognised that many law firms have found, and continue to find, themselves in a similar position acting for entities caught by the Sanctions Regime.
07/05/2022
Getting out of an abusive marriage: Practical tips and understanding your legal rights in Singapore
Abusive and unhappy marriages take a toll.
06/29/2022
Latham Successfully Resolves SEC Matter, Clearing Gary S. Winemaster of All Fraud Allegations
Following earlier acquittal in DOJ criminal trial, SEC voluntarily drops all claims of intentional wrongdoing.
06/28/2022
High Court considers receiving bank’s liability in context of APP fraud
In the present case, the court was satisfied that the bank could not be liable for knowing receipt, because the property transferred was not trust property.
06/17/2022
Green light for ESG
Clarity from the High Court on the approach to be taken by charity trustees in adopting investment policies that may conflict with their charitable purposes
06/16/2022
German court rules on admissibility of claims bundling for foreign law claims
The case related to a German claims management company which had claims for damages from car owners in Switzerland assigned to it in the Diesel context in order to bundle these claims and jointly enforce them in the German courts.
06/10/2022
Season 2 of Hogan Lovells 'Proof in Trial' podcast series follows top-ranked Appellate practice
When the trial process ends, the appeal process often begins.
06/10/2022
Assistance to the creditors of insolvent fraudsters? The modern illegality defence to the rescue
The illegality defence (which aims to prevent a party benefiting from its illegal conduct via legal claims) has been the subject of considerable judicial analysis in commonwealth jurisdictions in recent years. The Cayman Islands Court of Appeal (CICA) in
06/10/2022
The Privy Council clarifies principles relating to the enforcement of foreign arbitral awards
Ogier successfully acted for Gol with Leading Counsel, Tom Lowe QC of Wilberforce Chambers, and Gol's Brazilian counsel, Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados.
06/10/2022
Expensive lessons learnt? Recent court cases on missteps by money lenders in Hong Kong
The following are some court cases that highlight the key statutory requirements and ancillary enforcement issues applicable to money lending transactions.