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M&P Legal | Isle of Man | 24 Sep 2015

Security for costs: not always restricted to extra costs of enforcement

The Manx court recently confirmed that where security for costs orders is appropriate, the amount ordered will not always be restricted to a sum representing the extra costs incurred in enforcing an order in the jurisdiction in which the claimant is resident or in which assets are situated.
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M&P Legal | Isle of Man | 3 Sep 2015

Revocation of winding-up orders and development of common law

The Isle of Man Appeal Court recently addressed important issues in relation to the company and insolvency laws and the powers of judges to create and develop principles of common law in order to serve the interests of justice. The court concluded that it has an inherent jurisdiction at common law to review, rescind or vary a winding-up order where such an order is necessary in the interests......
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M&P Legal | Isle of Man | 30 Jul 2015

Dental negligence and material contribution to psychiatric damage

The High Court recently found that psychiatric damage allegedly caused by negligent dental treatment passed the material contribution causation test. It found that the dental negligence had worsened the claimant's depression. The court accepted that a significant reduction should be made in the compensatory sum to allow for the causative contribution to the claimant's depressive illness and......
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M&P Legal | Isle of Man | 2 Apr 2015

Tribunal confirms statutory exclusions trump employment contract arrangements

The Isle of Man Employment Tribunal has reiterated that employment contract provisions regarding law and jurisdiction do not override jurisdictional limits set by employment protection legislation. The parties in question had agreed by contract to submit to Manx law and jurisdiction and, as such, to abide by the restrictions set out in their chosen law.
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M&P Legal | Isle of Man | 26 Mar 2015

Bilbo Baggins and third-party disclosure orders

In satellite proceedings arising out of a Californian dispute, the Isle of Man High Court was asked to assess whether the local entity producing the disclosure was entitled to its costs. The court held that it was impossible to conclude that this party was wrong or unjustified in how it dealt with the claimants' application. As no unreasonable conduct was found, the claimants were required to......
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M&P Legal | Isle of Man | 25 Mar 2015

Tribunal confirms statutory exclusions trump employment contract arrangements

The Isle of Man Employment Tribunal has reiterated that employment contract provisions regarding law and jurisdiction do not override the jurisdictional limits set by employment protection legislation. The parties in question had agreed by contract to submit to Manx law and jurisdiction and, as such, to abide by the restrictions set out in their chosen law.
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M&P Legal | Isle of Man | 24 Mar 2015

Bilbo Baggins and third-party disclosure orders

In satellite proceedings arising out of a Californian dispute, the Isle of Man High Court was asked to assess whether the local entity producing the disclosure was entitled to its costs. The court held that it was impossible to conclude that this party was wrong or unjustified in how it dealt with the claimants' application. As no unreasonable conduct was found, the claimants were required to......
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M&P Legal | Isle of Man | 5 Feb 2015

Resisting security for costs order – clear evidence required

The Isle of Man appellate court has found that an appeal court may decline to order security for costs against a non-resident appellant where there is unequivocal evidence that to do so would stifle its appeal. However, if the appellant cannot show such evidence, then security for costs may be granted.
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M&P Legal | Isle of Man | 3 Feb 2015

Resisting security for costs order – clear evidence required

The Isle of Man appellate court has found that an appeal court may decline to order security for costs against a non-resident appellant where there is unequivocal evidence that to do so would stifle its appeal. However, if the appellant cannot show such evidence, then security for costs may be granted.
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M&P Legal | Isle of Man, United Kingdom | 2 Feb 2015

Directors' duties relating to confidential information post-termination of office

A recent decision of an English court has clarified the position regarding the duties of directors holding confidential company information after their directorship has ceased. The consequences of this decision will likely be felt on the Isle of Man, which has a significant corporate services industry. Thus, this decision will interest the many professionals engaged in the provision of......
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