06/09/2023
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.
Court Cases
06/08/2023
Delaware Chancery Court allows termination of USD230 million telecom deal for breach of Capitalization Representations
Decision underscores primacy of negotiated contract language.
06/01/2023
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.
05/30/2023
Macfarlanes secures important High Court victory for Business Growth Fund
The claims comprehensively failed.
05/26/2023
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.
05/23/2023
Updates to the Eastern Caribbean Supreme Court Civil Procedure Rules
The 2023 Rules come into effect on 31 July 2023.
05/23/2023
No anti-suit injunction against arbitration-related proceedings in Germany
In response, the state turned to the Regional Court at the seat of the investor and demanded that the enforcement of the arbitral award outside Europe be prohibited.
05/16/2023
High Court decision clarifies limits of Bankers Trust disclosure orders
Scenna sought and obtained a ‘Bankers Trust’ order against two Australian banks
05/09/2023
Irish Bribery and Anti-Corruption Law in Focus
The term 'corruptly' is used in determining what an offence is under the Act.
05/09/2023
RAICES, Hogan Lovells, and Lewis Roca file suit on behalf of families separated twice as part of U.S. threat to asylum rights
More Than Three Dozen Cases on Behalf of Plaintiffs Separated Under the Zero Tolerance Policy are Currently Pending Against the U.S. Government in Federal Court
04/25/2023
Macfarlanes secures important judgment in Bermuda Court of Appeal
The Macfarlanes team acting for the successful respondent to the appeal included partners Piers Barclay and Charles Lloyd, senior counsel Paul Hardwick and senior associate Sarah-Louise Fernandez.
04/25/2023
Commodities in Focus Weekly: Deductions from hire
The Court found that non-payment of hire amounted to a deduction from hire if the vessel was allegedly off hire at the instalment date
04/21/2023
The approach to privilege in appraisal proceedings in the Cayman Islands
This decision is relevant to both shareholders and Cayman Islands companies involved in take-private transactions.
04/21/2023
Grand Court of the Cayman Islands looks to insolvency concepts in trustee blessing application
At first blush, this seems like an entirely usual fact pattern and the relief uncontentious.
04/19/2023
Appropriation and valuation of Jersey collateral – case law update
The English law case is not binding on the Jersey courts and the language of the English legislation is different from the Security Law.
04/19/2023
Guernsey court found monies in bank account not the proceeds of crime
In a recent case, the account holder brought a private law action against the bank to establish that the monies were not the proceeds of criminal conduct, allowing the business to deal with the property with the protection of a court order.
04/14/2023
Cayman Court finds that arbitration clauses in shareholders' agreements will apply to disputes over a company's articles
It was the Plaintiff's case that the dispute fell outside of the scope of the arbitration agreement
04/14/2023
Bird & Bird successfully represents Montblanc before the German Federal Court of Justice
A lamp manufacturer claimed that a showcase light fixture sold by Montblanc had infringed its copyright.
04/06/2023
The thorny issue of illegality, mistake and the unruly horse of public policy
By the second stage of the arbitration, the Thai law experts on a closer review of Thai laws, agreed that compound interest was only recoverable in respect of loan agreements.
04/04/2023
25-Year-Old Mutual Will Overturned on Grounds of Son's Undue Influence
Charan also brought claims for rescissions relating to the family shares in Choiceclassic Ltd and various other agreements previously made.