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Court Cases

12/23/2021

Grand Court of the Cayman Islands: Interest and costs in section 238 proceedings revisited

Following a trial at which the Dissenters had sought a 1,565% uplift on the merger price, but were awarded an increase of only 1.29%, the Court was required to determine the interest payable to the Dissenters and whether any party was entitled to payment

12/23/2021

Swiss court confirms extradition of German ‘cum-ex’ fraud suspect

A Swiss court has allowed the extradition to Germany of Hanno Berger, a German banker accused of playing a key role in a years-long tax fraud.

12/23/2021

AHAB v Saad – Judgment delivered on AHAB’s appeal

This was reflected in the hearing being the longest-running appeal in the history of the Commonwealth and the resulting 280-page judgment.

12/21/2021

Top UK court partly rules in favour of Guaido in Venezuela gold case

The court said a decision last year by the English Court of Appeal to overturn an earlier High Court ruling was "misplaced" as the British government's recognition of Guaido as Venezuela's interim president was "clear and unequivo

12/21/2021

Sure and JT found guilty of illegal anti-competitive behaviour and slowing 5G delivery

The GCRA’s investigation initially focused on a suspected agreement in relation to 5G but as further evidence was uncovered it was expanded to include all mobile networks operated by Sure and JT.

12/21/2021

UBS Accepts Verdict for French Subsidiary

While the banking group is appealing againt these convictions, it has accepted the verdict against its French subsidiary UBS (France).

12/20/2021

A family's right to privacy or open justice: what's the priority? UK Family courts are set to change their approach

The transparency review is noble in its aims.

12/17/2021

UK plan to replace Human Rights Act ‘could create real uncertainty’

The Bill of Rights would strengthen the right to freedom of expression and add others, such as the right to trial by jury, and “guide the UK courts” to provide greater clarity regarding the interpretation of certain rights, such as the right t

12/17/2021

Cayman Grand Court opens the floodgates to derivative claims by limited partners

The Court has set a low bar for limited partners wishing to commence derivative claims on behalf of an ELP, whether against the ELP’s general partner or third parties.

12/14/2021

UBS Faces Tough Decision After Ruling

UBS has a few days to decide whether it will accept the ruling or take the case to a high-instance court.

12/14/2021

Ireland Update: Clarity and Change for Whistleblowing

The employer also denied that the employee’s dismissal was due to the communication.

12/10/2021

Consumer groups can launch GDPR claims, says EU advocate general

The case was referred to the CJEU after a German court questioned whether it could try the case, since EU data protection authorities enforce GDPR rules.

12/09/2021

Former Irish rugby player in court over alleged theft of almost €600,000

He was accused of 15 offences between 2011 and 2013 and made no reply when charged.

12/08/2021

Withers public international law team comments on the oral argument heard by United States Supreme Court in Dobbs v. Jackson Women's Health Organization

If the Court were to overturn Roe and Casey, more than half of US states are poised to substantially restrict abortion access within their borders.

12/08/2021

Court of Appeal copyright dispute ‘might never have arisen’ if parties had sought legal advice

He also said that although he had finalised VFC while employed at MD5, it fell outside the scope of his contractual duties and he had done most of the work at home using his own computer equipment.

12/06/2021

Court of Appeal backs RBS and NatWest Group in PPI claims case

In a unanimous decision on Friday, the Court of Appeal ruled that potential claimants had six years from the end of the PPI policy in their credit card agreement in which to make a claim.

12/03/2021

Supreme Court of Canada pronounces on application of Luxembourg/Canada Treaty

The profit was not taxable in Luxembourg and Alta Lux argued that Canada did not have the right to tax the profit due to the provisions under the Treaty.

12/01/2021

Administrators Can be Liable for Criminal Charges for Breaching Employment Law

The penalty is now an unlimited fine, although in Mr Palmer's case it would be a maximum fine of £5,000 because the alleged offence was committed before 13 March 2015.

12/01/2021

Recent decisions in the highest courts in the UK and the Cayman Islands involving insolvent claimants

Recent decisions of the UK Supreme Court and Judicial Committee of the Privy Council have sought to clarify and restrict the application of what was previously known as the reflective loss rule.

11/30/2021

Judgment handed down by High Court in first UK mid-market restructuring plan

Amicus Finance case establishes balance between realistic scrutiny of plans and fair outcome for creditors.

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