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Court Cases

09/27/2023

Parties to administrative contracts in Qatar can’t access swifter new court

Put another way, the Employer to a construction contract in an Administrative Court dispute would be in a better position to refute such claims.

09/25/2023

FamilyMart Privy Council decision – Just & equitable petitions susceptible to arbitration “hive off”

This decision provides important clarity on the interplay between a contractual agreement to arbitrate and the shareholders’ statutory right to petition

09/22/2023

Singapore: When restructuring and insolvency regimes collide

The arguments we raised were adopted and cited by the Court as important considerations in reaching its decision.

09/19/2023

Withers' UK media and reputation team wins pro bono freedom of expression victory for clients

The successful outcome for our clients is one which also emphasises the ongoing significance of academic freedom as a right protected under Article 10 of the European Convention on Human Rights.

09/19/2023

In the nick of time? A reminder of the principles which apply to the adjournment of winding-up petitions

The court considers the views of all creditors

09/12/2023

Fifth Circuit Rules in Favor of Linklaters and ACLU Justice Lab Client, Sending St. Tammany Parish Police Misconduct Case to Trial

The Fifth Circuit’s decision is the latest victory for ACLU of Louisiana’s Justice Lab program

09/07/2023

Guernsey Financial Services Commission's decisions upheld on appeal

Action was also taken by the Commission against another director, V, who was not the subject of the appeal.

08/31/2023

Group company GDPR fines calculation question goes before EU court

A court in Denmark has asked the Court of Justice of the EU (CJEU) to determine what the meaning of ‘undertaking’ in the legislation is.

08/30/2023

Important Takeaways for Bondholders: Do They Have Rights as Contingent Creditors?

The Court held that the Petitioner did not have standing or authority to progress the proceedings and the Petition was dismissed.

08/29/2023

Corruption risks in mining remain despite UK probes dropped

The SFO’s investigation into Rio Tinto was carried out with cooperation from other authorities around the world, including in the US.

08/29/2023

Directors’ duties and obligations under Cayman Islands law

In most cases directors are responsible to the company and not, in the absence of special circumstances, to the shareholders as individuals.

08/29/2023

South African case confirms unjustified enrichment can be claimed under an arbitration clause

The special plea of jurisdiction was premised on the argument that because the claim was one of unjustified enrichment and not grounded in contract

08/25/2023

National Rail faces charges over Stonehaven rail crash

The development comes just weeks after Transport for London, which owns and maintains London’s transport infrastructure,

08/25/2023

Guernsey Court of Appeal grants Guernsey Financial Services Commission permission to appeal

Mourant acted for the Commission in the application for permission to appeal.

08/24/2023

Permanent Court of Arbitration considers its competence under the India-Pakistan Indus Waters Treaty

In reaching this conclusion, the PCA referred to India’s conduct during the 2013 arbitral proceedings.

08/21/2023

London International Exhibition Centre Plc v Royal & Sun Alliance Insurance Plc & Ors [2023] EWHC 1481: Impact on Landlord and Tenants

This interpretation would mean that the businesses would have to show that their losses would not have occurred but for the singular occurrence or occurrences of Covid-19

08/18/2023

Fed. Cir. maintains A&O’s U.S. IP Technology Team’s post-trial injunction on behalf of Wonderland Group

Earlier, the Federal Circuit issued an order maintaining a permanent injunction that orders Evenflo to stop selling its signature car seats

08/18/2023

Remuneration-related company pension and part-time employment - What time period is decisive?

The Labor Court already argued that the corrective effect of the guideline, by focusing on the last 10 years

08/17/2023

Lau Man Sang, James and Others v. King Bun Limited and Others BVIHCMAP2021/0034

The appeal arose from the Appellants’ challenges to a successful derivative action

08/16/2023

UK: Claimants bringing Collective Actions in the CAT suffer Setback at the Supreme Court

A DBA is a ‘no win no fee’ arrangement, entitling a client’s representative to a percentage of any awarded damages.

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