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The proposed reform of the English Arbitration Act on arbitrators’ independence and impartiality and the duty of disclosure from a comparative perspective

Against this backdrop, the international arbitration community has increasingly focused on the development of guidelines and updated rules pertaining to arbitrators’ impartiality and independence.

South African superior court ruling gives guidance on consent needed for creditor meetings

The Jonkers refused to attend the enquiry on the basis that the resolutions taken at the first meeting were invalid

Permanent patent injunction issued in UPC first

In its ruling, in considering whether Kaldewei’s amended patent claims passed the novelty test, the Dusseldorf court assessed the amended claims against the European Patent Office’s

Privy Council Resolves Question of Interplay between Liquidation Proceedings and Arbitration Agreements

In respect of insolvency, it is in the public interest to have a straightforward means to place a company into liquidation when the company is unable to pay its debts as they fall due.

Judgment on wrongful trading and trading misfeasance claims against BHS directors

This is especially relevant in offshore jurisdictions such as Guernsey where English insolvency legislation is often replicated in local legislation.

Hong Kong Court of Appeal tightens stamp duty relief exemption for intra-group transfers

This case examined the application of the intra-group stamp duty relief pursuant to section 45

Businesses urged to review AI policies as Ireland prepares to implement EU AI Act

Irish businesses should review their existing policies and create an inventory of any AI systems they are using or deploying in preparation for the incoming EU AI Act.

Hamburg Court of Appeals on genuine use of a trade mark for medicinal products

The Hamburg Court of Appeals confirmed genuine use of the trade mark under Sec. 26(1) MarkenG

Supreme Court Upholds Law Barring Possession of Guns Under Domestic Violence Protective Orders Following Freshfields amicus brief

In August 2023, a team of Freshfields attorneys filed an amicus brief in the case, United States v. Rahimi, on behalf of several domestic violence advocates, educators, and organizations.

Supreme Court decision defines scope of EIA around fossil fuel ’indirect effects’

The Supreme Court has ruled that where there is an inevitable causal link between the development and emissions, the application must assess that effect.”

Where Public Policy Collides: Arbitration V. Insolvency

If the position in the BVI was unsettled, the position was if anything more confused elsewhere.

Breach of contract case fails after Irish court rules general terms of contract didn't apply

The judgment makes it clear that labelling a document as a ‘quote’ does not necessarily preclude it from being deemed an offer capable of acceptance.

Hogan Lovells wins unanimous Supreme Court victory in widely watched case concerning access to mifepristone

The decision overturns an April 2023 decision by the U.S. District Court for the Northern District of Texas blocking the distribution of the drug.

Bound to fail? Restraining claims or applications which are totally without merit

The remedies against such litigants – now known as Civil Restraint Orders (“CROs”) and codified in the Civil Procedure Rules – have real bite.

UK case update | Shirland v Charity Commission - consent under section 198 of the Charites Act 2011

This case concerned an appeal by Andrea Shirland against a Charity Commission decision

Hogan Lovells acting in three of the five most influential Unified Patent Court cases named by JUVE Patent

Having three of our cases recognized as the most influential, demonstrates how we continuously strive to be the leading IP practice across major markets

Witness statements in England and Wales

Once the witness is satisfied with their statement, they will be asked to sign a ‘statement of truth’.

Courts shine new light on the use of a single claim form involving multiple claimants

The Court of Appeal in this (Morris) case found that the court was not bound to apply the previous tests referred to as these added unnecessary hurdles

Hargreaves in the Court of Appeal: A Return to Orthodoxy on Withholding Taxes?

The source and treaty points were not appealed to the Court of Appeal

Australian case a warning for insolvency practitioners litigating against insurers

The liquidator also brought an insolvent trading claim against the director, of over AU$26 million for third party creditor debts incurred by Tempo.

Court Cases