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Court Cases

04/25/2023

Macfarlanes secures important judgment in Bermuda Court of Appeal

The Macfarlanes team acting for the successful respondent to the appeal included partners Piers Barclay and Charles Lloyd, senior counsel Paul Hardwick and senior associate Sarah-Louise Fernandez.

04/25/2023

Commodities in Focus Weekly: Deductions from hire

The Court found that non-payment of hire amounted to a deduction from hire if the vessel was allegedly off hire at the instalment date

04/21/2023

The approach to privilege in appraisal proceedings in the Cayman Islands

This decision is relevant to both shareholders and Cayman Islands companies involved in take-private transactions.

04/21/2023

Grand Court of the Cayman Islands looks to insolvency concepts in trustee blessing application

At first blush, this seems like an entirely usual fact pattern and the relief uncontentious.

04/19/2023

Appropriation and valuation of Jersey collateral – case law update

The English law case is not binding on the Jersey courts and the language of the English legislation is different from the Security Law.

04/19/2023

Guernsey court found monies in bank account not the proceeds of crime

In a recent case, the account holder brought a private law action against the bank to establish that the monies were not the proceeds of criminal conduct, allowing the business to deal with the property with the protection of a court order.

04/14/2023

Cayman Court finds that arbitration clauses in shareholders' agreements will apply to disputes over a company's articles

It was the Plaintiff's case that the dispute fell outside of the scope of the arbitration agreement

04/14/2023

Bird & Bird successfully represents Montblanc before the German Federal Court of Justice

A lamp manufacturer claimed that a showcase light fixture sold by Montblanc had infringed its copyright.

04/06/2023

The thorny issue of illegality, mistake and the unruly horse of public policy

By the second stage of the arbitration, the Thai law experts on a closer review of Thai laws, agreed that compound interest was only recoverable in respect of loan agreements.

04/04/2023

25-Year-Old Mutual Will Overturned on Grounds of Son's Undue Influence

Charan also brought claims for rescissions relating to the family shares in Choiceclassic Ltd and various other agreements previously made.

03/30/2023

BVI insolvency proceedings - top creditor FAQs for 2023

Although every case is different, and needs to be considered on its own facts, some questions reoccur repeatedly.

03/30/2023

Lawyer owed no duty to third parties when making wills – Important common law precedent: Dorey v Ashton [2023] GCA 564

The case demonstrates Guernsey common law-making as being influenced, but not bound by, English case law whilst looking to the case law of leading Commonwealth jurisdictions for persuasive guidance.

03/30/2023

German ruling supports speedier challenges to patent validity

The German Patent Act stipulates that revocation claims are only admissible in Germany if the German Patent and Trademark Office (DPMA) or the European Patent Office (EPO) have formally "concluded" their granting procedures.

03/29/2023

Ukraine granted permission to defend itself in UK trial over a $3 billion bond dispute

The UK Supreme Court has held (85-page / 564KB PDF) that it is necessary for Ukraine’s defence against non-repayment of the loan

03/27/2023

Cayman Court of Appeal Provides Important Guidance on Leave to Appeal to the Privy Council in Re Changyou.com Limited

The Petitioners sought the Grand Court’s appraisal of the fair value of their shares pursuant to section 238 of the Companies Act.

03/13/2023

Hogan Lovells wins appeal in decision affirming historic jury verdict in wrongful conviction case

By the time the brothers were released from imprisonment, Henry McCollum had spent longer on Death Row than any other North Carolina prisoner.

03/09/2023

Fresh guidance on company director disqualification issued by Jersey’s Attorney General

The guidance has been issued in the run-up to the Moneyval inspection of Jersey’s financial services regulatory apparatus, which is due to begin later in 2023.

03/07/2023

The impact on the Cayman Islands, BVI and Bermuda jurisdictions following the "momentous" decision of the UK Supreme Court in relation to directors' duties

The decisions of the English courts are not binding on these jurisdictions

03/06/2023

An Uncertain Future? Assessing the Hong Kong Court's Reception of Cayman Insolvency Proceedings

There is optimism within the Cayman Islands legal and insolvency community that recognition of and assistance to a restructuring officer will be forthcoming from the HK Court.

03/03/2023

Hogan Lovells comments on the Manchester Arena Public Inquiry Volume Three report

The report considers the evidence heard by the Chairman during the oral hearings

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