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An overview of civil proceedings in England and Wales

The English civil court system is divided between the High Court and the County Court.

Cayman Islands Grand Court Awards Indemnity Costs and Payment on Account

The Costs Decision comes after the successful representation of the Plaintiffs in a number of summonses before the Grand Court of the Cayman Islands

AI patents still possible in the UK despite Court of Appeal ruling

The case originally came before the High Court after a hearing officer at the IPO rejected EPAI’s patent application for its system.

NSW ruling applies Expert Witness Code principle to insolvency case

Before the final hearing, no notice was provided that the entirety of the liquidator’s affidavits would be objected to on the basis that they allegedly did not comply with the Expert Witness Code.

Dentons secures justice for unlawfully sterilized woman in pro bono case

This practice was widely condemned by the UN and human rights organizations.

Ruling addresses use of ‘omnibus’ claim forms in mass actions

This decision helpfully highlights that ‘convenience’ is not a foregone conclusion where there is a large number of cases.

NSW case sheds light on insolvency practitioners’ claims against de facto directors

The decision highlights the necessity of appropriate evidence being cited by liquidators to ensure that de facto claims are established, including using the investigative powers available to liquidators to obtain the necessary evidence.

Success in probate dispute in estate of wealthy racehorse owner Reg Bond

A brain tumour in 2010, followed by a fall and mini stroke, left Reg in a wheelchair and dependent on round-the-clock care.

Jakob International Inc v HSBC Private Bank (Suisse) SA, Guernsey Branch

Collas Crill were latterly instructed in the latest proceedings in 2022.

Irish Commercial Court holds company director personally liable for GDPR breach

The judgment, which is summarised below, should act as a stark reminder to company directors and insurers of the court's willingness to lift the corporate veil to hold individuals personally liable.

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.”

Court Cases