09/06/2022
SCOTUS grants cert in FBAR penalties case
The trial court originally sided with Bittner but was reversed by the appellate court.
Court Cases
09/01/2022
Qualelect case ‘another cautionary tale’ regarding adjudication enforceability
This was the case in yet another matter which was brought before Judge Windell in the Gauteng Local Division of the High Court, Johannesburg, in Qualelect Investment Holdings v Belo Kies.
09/01/2022
California Attorney General’s Office Announces First Public CCPA Enforcement Action
Aggressive enforcement may be on the horizon now that businesses have had more than two years to comply with California’s landmark privacy law.
08/30/2022
Grand Court further develops insolvency test for Cayman Islands segregated portfolio companies
The test is not on all fours either with the classic formulation of the balance sheet test, or the traditional cash flow test applied in relation to the winding up of other Cayman Islands companies.
08/29/2022
Scots court issues ‘timely reminder’ on interpretation of terms in contracts
McLure remains a 40% shareholder in the company, which provides support services to the oil and gas industry.
08/24/2022
Dentons litigation team secures favorable judgment for CoBon
The ruling denied contract claims/counterclaims
08/23/2022
Hogan Lovells files amicus brief urging United States Supreme Court to reject a challenge to Colorado Anti-Discrimination Act
Website design company 303 Creative LLC seeks to offer wedding website services in Colorado but wants to refuse to provide these service to same-sex couples in violation of CADA.
08/22/2022
Change to procedure in English court could help victims of crypto fraud
Cryptocurrency fraud claims have increased in volume significantly over the last 12 to 18 months
08/22/2022
Hong Kong court: form of demand all important for call on bond
Consequently, the demand was held to be invalid and the Court of Appeal allowed the appeal and set aside the summary judgment that had been given in favour of WKCD at first instance.
08/22/2022
Keep it brief: a reminder from the Court on the benefits of brevity
“As a general matter, the expeditious production and delivery of a judgment is to be applauded, not criticised; and concision in a judgment is a quality, not a defect.”
08/19/2022
Update article – MDW Holdings Limited v James Norvill and others [2022] EWCA Civ 883
On the issue of quantum, we noted that the court ordered the Seller to pay the Buyer £382,600, representing some 30% of the amount claimed.
08/18/2022
Norton Rose Fulbright represents army officer in Military Pay Act case
The US Court of Appeals for the Federal Circuit sided with LTC Hirsch’s interpretation, overturned the lower court decision of the US Court of Federal Claims and found that LTC Hirsch met the criteria of section 14706, when properly interpreted.
08/18/2022
Snapshot: Jersey's impounder restrictions in relation to discretionary trusts
Ogier appeared for eight out of 12 of the third parties to the claim and were successful in striking out the trustee's claim for impounder under the Trusts Law.
08/17/2022
Success for Mishcon clients, Diag Human SE and Mr Josef Stava, as the High Court rules that CFA fees cannot be collected under an unenforceable retainer
The CFA entered into with Diag and Mr Stava was deemed by the Court to be "wholly different" in nature to the retainer signed previously with Diag alone.
08/17/2022
High Court gives first cladding and fire safety decision post-Grenfell
Under an amended JCT 1998 Standard Form of Building Contract with Contractor’s Design dated 20 January 2005 (the Contract), Mulalley & Co. Limited (Mulalley), a well-known building contractor based in Essex, undertook refurbishment works to five
08/15/2022
Supreme Court decision highlights complexity of the UK’s tax system
This could be because the computation of the corporate tax base in the UK is complicated and requires a nuanced understanding of different factors – a point highlighted by the Supreme Court earlier this year.
08/15/2022
Fraud success as zombie claim lacks bite
Our fraud team have successfully defended a fraudulent personal injury claim involving the fabrication of evidence and false reports of the claimant's death on the eve of trial.
08/12/2022
SDNY: Murabaha Agreements Do Not Qualify for Safe-Harbor Treatment in Bankruptcy
The judgment handed down in Arcapita supports this interpretation, which provides comfort to market participants.
08/11/2022
McGrath Tonner v Khatidja McLean – when can default judgment be set aside or varied in Cayman?
The Judge helpfully set out the two-fold test for setting aside default judgment and summarised the relevant authorities
08/10/2022
What does the New York Convention require in terms of due process?
The claimant obtained an award against two private equity limited partnerships in arbitral proceedings seated in Brazil