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.
Court Cases
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
03/02/2023
Implied terms and unjust enrichment: silence in court
The High Court held that Mr Barton was not entitled to anything as there was no contractual obligation on Foxpace to pay him if the property sold for less than £6.5 million.
02/28/2023
Environmental lawsuits against Shell pick up speed
The lawsuit against Shell’s board is not the only claim currently brought against the oil company in the UK.
02/27/2023
Freshfields acts for Deutsche Bank on major Court of Appeal contempt decision
That debt arises from a judgment in the bank’s favour against Sebastian Holdings given in 2013 in proceedings in which Freshfields also acted for the bank.
02/24/2023
Spanish court raises questions over calculation of severance pay
Severance pay on termination in Spain is governed by the Workers’ Statute, with different levels of severance payable depending on whether the dismissal is ‘fair’ or ‘unfair’.