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Matheson | Ireland | 26 Mar 2019

Discovery process reaches crisis point: Supreme Court to consider reform

Businesses with experience litigating in Ireland will be familiar with the discovery process and the onerous obligation to disclose all relevant documents which are in their power, possession or procurement. In an age when the volume of electronically stored information continues to increase exponentially, the costs and time involved in complying with discovery orders can often be......
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Hogan Lovells | Mexico | 22 Mar 2019

Excessive fines deemed unconstitutional in landmark Supreme Court of Justice declaration

The Supreme Court of Justice recently declared that an article of the Federal Telecommunications and Broadcasting Law – which provided that the minimum fine for any violation of the law not otherwise expressly penalised in another law was 1% of the offender's annual income – to be unconstitutional. This declaration may signal that the court intends to participate more regularly in shaping......
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Elias Neocleous & Co LLC | Cyprus | 19 Mar 2019

Amendment of Judicial Practice Code

The Judicial Practice Code was recently amended to provide that no judge, whether sitting alone or as a member of a panel of judges of an adjudicating court, can hear a case in which a party is represented by a lawyer who is a family member of the judge or works in the same firm or office as a family member of the judge. The recent media focus in Cyprus on the alleged impartiality of certain......
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Carey Olsen | Bermuda | 14 Mar 2019

Round-up of recent trust cases

In 2018 the Bermuda courts issued several important decisions in trust cases. Moreover, the Trust Law Reform Committee of the Bermuda Business Development Agency remains active and has recently proposed further legislative reform. Among the committee's recent reform initiatives, the amendment to the Perpetuities and Accumulations Act 2009 by the Perpetuities and Accumulations Amendment Act......
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Khaitan & Co | India | 14 Mar 2019

Arbitrability of consumer disputes: loophole in Booz Allen framework?

The Supreme Court recently ruled that consumer disputes are incapable of being submitted to arbitration, placing them in the infamous category of 'non-arbitrable' subjects in India. However, the court also stated that where an elected consumer fails to file a consumer complaint, the parties are not barred from submitting the dispute to arbitration. This article analyses whether such a......
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Luther Rechtsanwaltsgesellschaft | Luxembourg | 12 Mar 2019

Court of Appeal rules on testimony of executive board members

In a dispute between a public limited liability company and one of its employees, the Court of Appeal issued a decision concerning the testimony of executive board members of a party to a dispute. The court's decision contradicts case law that seemed to have overcome this problem with regard to public limited liability companies. Hence, the courts remain divided as to whether the testimony of......
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Homble Olsby | Littler | Norway | 6 Mar 2019

Can several companies within a group employ an employee?

In a recent case, a number of Norwegian Airlines pilots and cabin crew claimed that three of the companies in the Norwegian Group constituted their employer. However, the Supreme Court concluded that only one of the companies constituted their employer. This ruling clarifies the factors which are relevant in assessing whether the engagement of personnel is considered an acquisition of......
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Gün + Partners | Turkey | 6 Mar 2019

Supreme Court rules inappropriately worded emails are valid reason for termination

The Supreme Court recently found that the failure of employees to use appropriate language in their written workplace correspondence with superiors or colleagues constitutes a valid reason for termination. The court held that although the actions of the employee in question had not been serious enough to constitute just cause for termination and deprive him of his termination benefits, the......
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George Z Georgiou & Associates LLC | Cyprus | 6 Mar 2019

Supreme Court declares legislation extending paternity leave and benefits to unmarried fathers unconstitutional

In late 2018 the House of Representatives introduced amendments which granted paternity leave and benefits to unmarried working fathers. However, the government referred the amending laws to the Supreme Court, claiming that they would add unbudgeted costs to its budget and therefore violate the Constitution. The Supreme Court recently accepted the government's position and declared the......
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RPC | United Kingdom | 5 Mar 2019

Enforceable oral contracts – Supreme Court looks to conduct and context

The Supreme Court recently showed that it is reluctant to find an agreement too vague or uncertain to be enforced where the parties intended to be contractually bound and acted on their agreement. In these proceedings, three courts came to differing conclusions, which highlights the difficulties inherent in assessing contract formation and implied terms, especially where there is no agreement......
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