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Court Cases

07/26/2023

BVI litigation briefing: Significant changes to court rules governing service out of the jurisdiction come into effect from 31 July 2023

The changes are expected to substantially improve the efficiency of progressing claims against foreign parties by removing some of the more burdensome hurdles previously encountered in the early stages of such proceedings.

07/25/2023

Hong Kong court lifts stay of proceedings for spent arbitration agreement

This case also demonstrates the difference in the court's approach towards application for stay of the action and the awards when a set aside application is also made.

07/24/2023

Eastern Caribbean Supreme Court Civil Procedure Rules, Revised Edition 2023

This Civil Procedure Rules consolidated act does not include the various forms prescribed by the legislation and listed in the Appendix, which are available from Conyers upon request.

07/24/2023

Philipp v Barclays Bank: UK Supreme Court provides definitive guidance on the Quincecare duty

If the bank makes the payment without making these inquiries, it will breach its duty.

07/17/2023

Grand Court of the Cayman Islands Determines that Misrepresentation Claims by Subscribing Investors are both Permissible and Rank as Unsecured Debts

Officeholders of companies in liquidation which misled subscribing investors might need to reconsider the categories of stakeholders

07/14/2023

Herbert Smith Freehills Secures Rare Pre-Discovery Dismissal

Judge Robert Mega found that New and Modern's alleged conduct consisted of legitimate commercial activity

07/14/2023

Ruling emphasises South African courts’ discretion over filing timelines

The court, however, elected not to follow this process.

07/10/2023

Can the British Virgin Islands Court order the examination of foreign persons in BVI liquidations?

As such, the answer to the question is likely to remain uncertain until it has been resolved by the Eastern Caribbean Court of Appeal.

07/05/2023

Limitless: Liquidators, injunctions and cross-undertakings in damages

The same day that the petition was presented, without notice applications were made for the appointment of a provisional liquidator, Mr Stephen Hunt (the Provisional Liquidator), and associated freezing orders.

06/26/2023

SkyKick ruling could herald UK and EU trade mark law divergence

The Supreme Court is now to consider the legal test for ‘bad faith’ trade mark registrations following an appeal by SkyKick against the Court of Appeal’s judgment.

06/23/2023

Herbert Smith Freehills Succeeds for Client in Contractual Indemnity Dispute

The PPI policies were sold to customers between 1991 and 2004 by retailer Next acting as agent for PA(GI) as the insurer.

06/22/2023

The Credit Suisse AT1 bond crisis: 3 months on – Perspectives from the Far East

Any investment dispute shall, as far as possible, be settled amicably through consultations between the investor and the disputing Party at the request of the investor.

06/16/2023

Appointment of Liquidators: BVI Court Rejects 'Put-Up Job' Defences

By its judgment, the Court appointed joint liquidators over the respondent BVI HoldCo and, in so doing, confirmed its proactive and forensic approach to the analysis of alleged defences to debts upon which liquidation applications are founded.

06/16/2023

Case review: Ioannou v Charity Commission for England and Wales

The Trustee held his role at the Charity from 2013 and was a resident of the Estate (and therefore a member of the Charity).

06/09/2023

Internal disciplinary processes: A basic guide – June 2023

Central to this is the concept of natural justice, a legal principle and requirement emphasising fairness, equality, and impartiality.

06/08/2023

Delaware Chancery Court allows termination of USD230 million telecom deal for breach of Capitalization Representations

Decision underscores primacy of negotiated contract language.

06/01/2023

Non-party disclosure respondents entitled to costs in jurisdictional challenge

Gorbachev argues that two Cypriot companies acted as trustees of two Cypriot trusts operated by close associates of Guriev.

05/30/2023

Macfarlanes secures important High Court victory for Business Growth Fund

The claims comprehensively failed.

05/26/2023

Eastern Caribbean Court of Appeal grants unless orders in respect of orders of the BVI Commercial Court

In this case, the sanction will be the striking out of appeals.

05/23/2023

Updates to the Eastern Caribbean Supreme Court Civil Procedure Rules

The 2023 Rules come into effect on 31 July 2023.

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