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Court Cases

06/01/2022

Privy Council dismisses appeal in BVI unfair prejudice proceedings

The Board reiterated the position set out by Lord Wilberforce in Ebrahimi v Westbourne Galleries Ltd, that the categories of cases in which equitable considerations arise are not closed and they are not limited to situations of quasi-partnership.

05/31/2022

Mixing Business with Family: Quasi-Partnership in Family Companies

The relationship between the mother and son remained positive for several more years, but serious disagreements then arose between them and the son was dismissed from his employment and removed as a director.

05/30/2022

SEC Settles First Enforcement Action Against Mutual Fund Adviser Challenging Funds’ ESG Disclosure

In order to charge a “material” misrepresentation, the SEC must demonstrate a misstatement or omission that presents a “substantial likelihood” of affecting the decision-making of a reasonable investor in light of the total mix of

05/25/2022

Largest Unfair Dismissal Compensation Award Ordered - Update for Employers in Ireland

The investigation and disciplinary meeting were held in close succession and the employment was terminated.

05/25/2022

Giambrone & Partners has successfully obtained a judgment from the High Court in London amounting to £496,019

Giambrone & Partners easily demonstrated that our client was not a professional trader. Dualix maintained the position of defending our client’s claim.

05/24/2022

SEC Charges BNY Mellon Investment Adviser for Misstatements and Omissions Concerning ESG Considerations

The SEC’s investigation was conducted by Robert Baker and Michael Moran

05/23/2022

Cayman court revisits winding up petitions against general partners

This decision will be welcomed by the private equity industry in particular

05/20/2022

Default on a secured loan facility: the English High Court considers a lender's right to terminate

The Court therefore found that, although the termination notice did not specify a valid event of default, the notice was valid as it satisfied the contractual requirements conditions for a termination notice, as prescribed in the loan agreement.

05/19/2022

Withers obtains worldwide injunction for Singaporean to freeze sale of rare Bored Ape Yacht Club NFT

The Singapore High Court’s injunction to protect an NFT is the first in Singapore and Asia, and the first globally in a purely commercial dispute. This injunction recognises NFTs as an asset.

05/18/2022

Privy Council decides that banks owe no Quincecare duty to a beneficial owner of monies in an account

It therefore rejected what would have represented a significant extension of the duty which would have required banks to monitor transactions for fraud not only with their customers in mind, but also any beneficial owners.

05/17/2022

Riding the waves of recognition

On 6 April 2022, the Hong Kong Court granted the liquidators’ application.

05/13/2022

Ex-UBS banker loses appeal over selling client data to Germany

It dismissed his argument that the lower court had conducted proceedings in an inadmissible manner.

05/11/2022

Tax Tribunal confirms documents sought by HMRC were legally privileged

This decision reinforces the position that communications between a lawyer and client will generally attract LPP.

05/11/2022

Cross-Claims and Applications for the Appointment of Liquidators

The Court of Appeal agreed with the Court below that the evidence did not establish any genuine or serious claim in conspiracy.

05/08/2022

The widening scope of the Quincecare Duty

The Philipp case provides an excellent opportunity for financial instructions to review and improve their APP fraud measures.

05/06/2022

Legal experts welcome Scottish courts’ new hybrid approach

At the Sheriff Appeal Court all procedural hearings, including permission hearings, will take place via WebEx or by written submissions.

05/04/2022

An 'Unprecedented' Just & Equitable Winding Up of a Solvent Cayman Islands' Captive - Re Virginia Solution SPC Ltd

The decision also comes at a time when the Grand Court’s Financial Services Division has seen a steady flow of Winding Up Petitions being filed which seek compulsory winding up on the just and equitable basis.

04/29/2022

‘No fault’ divorce – what you need to know

In this article we consider the introduction of ‘no fault’ divorce, the procedural changes and the importance of obtaining legal advice

04/28/2022

Four Charged In Connection With Multi-Billion Dollar Collapse Of Archegos Capital Management

Sung Kook (Bill) Hwang – the Founder and Head of Archegos – and Three Others Charged with Racketeering and Fraud Offenses Related to Market Manipulation Scheme

04/27/2022

Cayman Islands fund finance update: A potential respite from Padma?

The judgment also expressed the view that all legal proceedings against an ELP (i.e. not merely winding up petitions) must be brought against the general partner.

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