10/12/2023
BVI Court rules that bondholder stands as contingent creditor
This briefing discusses the Decision, how it squares up against the position in other offshore jurisdictions, and takeaways for investors and issuers alike.
Court Cases
10/10/2023
Walkers engaged to act in appeal for Credit Suisse Life (Bermuda) Ltd.
An appeal of the 23 June 2023 Court of Appeal judgment to the Judicial Committee of the Privy Council in London is pending.
10/05/2023
The sound of silence: the role of good faith and silence in Jersey contract law
And so began 10 years of litigation in both the United States and Jersey, culminating in the Royal Court's recent judgment which followed an extensive trial.
10/04/2023
The trial of Sam Bankman-Fried will be a tale of two realities
In the government’s view, what appeared to be the best of times, was actually the worst of times for those that trusted SBF and FTX.
10/04/2023
The principle of incumbency and conflicts of interest
In place of the incumbent JPLs, the Challenging Investors proposed alternative insolvency practitioners to take the appointment as JOLs of GFIF.
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.