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Court Cases

12/12/2024

To be (a son) or not to be: Defining the meaning of 'children' in a trust

There is a presumption that a child born during a marriage is a child of the husband.

12/12/2024

Disruptions and delays: fighting off an attempt to claim the majority of an estate's shares

The Withers team acting for Elena is Paul Hewitt, Alexandra Dix and Rebecca Edwards, instructing Mark Baxter of 5 Stone Buildings.

12/12/2024

Breach of employment contract causing mental injury compensable in Australia

The employee was summarily dismissed by Vision Australia, which found that his conduct constituted serious misconduct.

12/12/2024

Challenging the jurisdiction of arbitral tribunals: a Singapore perspective

The High Court concluded that, in doing so, “the respondent had demonstrated an unequivocal clear and consistent intention to submit to the tribunal’s jurisdiction

12/11/2024

In the representation of Summit Services: Court sides with trustee's decision in family trust dispute

It is hoped that the Privy Council will resolve the uncertainty created by the divergent views of the Jersey and Bermuda Courts following Re Piedmont and Re X Trusts.

11/28/2024

Global investigations: Representing individuals in investigative interviews in the UK and US

America’s founding fathers made clear that a potential witness has a clear choice

11/27/2024

Employment update: Recent decisions and agency actions

Despite this uncertain regulatory landscape, employers are well advised to consider agency decrees—unless and until they are definitively struck down—while challenges play out.

11/22/2024

Privy Council clarifies Cayman Islands law on shareholder standing

Appleby acts for a major shareholder in the related just and equitable winding up proceedings.

11/18/2024

Class actions in England and Wales

Traditionally, the viability of mass actions has been limited in the UK as compared to certain other jurisdictions

11/14/2024

New Irish court rules simplify service of proceedings outside the state

The procedure for doing so involves an application to court supported by affidavit or other appropriate evidence.

11/08/2024

Privacy or publication? Walker v Goodman

Most family lawyers would, one expects pride themselves on maintaining their client's privacy.

10/29/2024

Australian court awards indemnity costs despite ‘six-day’ Calderbank offer

Visie had issued a Calderbank offer to Paladin’s solicitors at 5.16pm on Wednesday 12 June 2024

10/25/2024

Fraud or no fraud, the Register of Members reigns supreme

The Validation Claim was initially adjourned to allow the Rectification Claim to be determined first.

10/22/2024

Supreme Court clarifies suitable alternative remedies to judicial review

The Supreme Court was tasked with examining whether there was an effective alternative remedy available in private law

10/21/2024

Reddit’s challenge to Online Safety Code designation to be appealed to Irish Court of Appeal

The High Court ruled in June against Reddit and fellow online platform Tumblr

10/10/2024

The role of mediation in resolving disputes in the MENA region

Mediation holds substantial potential for addressing sensitive political and commercial disputes in the MENA region.

10/08/2024

Inaugural Collas Crill Moot launches in Jersey

The Moot involves pairs of students studying real-life legal case notes and applying them to a mock court situation.

10/04/2024

Freezing injunctions in the BVI: a recent development from England

The English Court of Appeal found that an applicant need not prove that its claim has a better than 50% chance of success

09/30/2024

Guernsey Royal Court rules in favour of tea room tenant in rent dispute

The judgment notes that the payment was not returned by the landlord until nearly a month after being received

09/27/2024

Using civil courts in England to recover assets and losses after employee fraud

Ideally this process should be conducted without alerting the suspected fraudster

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