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High Court decision warns of strict post-Jackson approach to case management
- Herbert Smith Freehills LLP
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- United Kingdom
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- May 24 2013
The High Court has emphasised that recent amendments to the Civil Procedure Rules (CPR) require the court to pay close attention to procedural
Court of Appeal decision on mitigation of loss
- Herbert Smith Freehills LLP
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- United Kingdom
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- May 23 2013
The Court of Appeal has held that an innocent party did not fail to take reasonable steps to mitigate its loss by not permitting the party that was
Investment mis-selling claims: an overview of recent case-law in Hong Kong and Singapore and lessons to be learnt
- Herbert Smith Freehills LLP
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- Hong Kong, Singapore
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- May 23 2013
There have been a number of recent judgments dealing with financial product mis-selling claims brought by -customers against banks in the Hong Kong
Cert petition in the BG v Argentina case: no support from the US Solicitor General
- Herbert Smith Freehills LLP
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- Argentina, USA
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- May 17 2013
In the latest development in Argentina's challenge of the BG Group v Argentina arbitral award, the United States Solicitor General ("SG") has argued
Private LIBOR claims - an uphill battle for claimants
- Herbert Smith Freehills LLP
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- United Kingdom
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- May 17 2013
The ongoing regulatory investigations into the manipulation of LIBOR have prompted much speculation about the possibility of claimants bringing
Tiger Asia management loses final jurisdictional challenge: Hong Kong's highest court confirms court's free-standing power to grant orders over contraventions of the securities and futures ordinance under Section 213
- Herbert Smith Freehills LLP
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- Hong Kong
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- May 16 2013
After over two and a half years since US-based hedge fund manager Tiger Asia Management LLC and its three officers (collectively "Tiger Asia") sought
UK Supreme Court clarifies the balance-sheet insolvency test
- Herbert Smith Freehills LLP
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- United Kingdom
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- May 16 2013
The Supreme Court has delivered a judgment providing welcome clarification on the construction and effect of section 123(2) of the Insolvency Act
The importance of ‘no conviction recorded’ for work health and safety prosecutions in Queensland
- Herbert Smith Freehills LLP
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- Australia
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- May 16 2013
In this case, the Applicant had pleaded guilty to an offence under Queensland workplace health and safety legislation. The Industrial Magistrate
The UK Supreme Court rules on the ability to set aside transactions in the case of trustees' errors
- Herbert Smith Freehills LLP
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- United Kingdom
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- May 15 2013
Where trustees have undertaken transactions with unintended consequences (usually unwanted or unexpected tax consequences), they have been able to
Court of Appeal confirms mental element of deceit
- Herbert Smith Freehills LLP
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- United Kingdom
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- May 15 2013
The Court of Appeal has considered the mental element required for a successful claim in deceit, or fraudulent misrepresentation, finding that there
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