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RPC | Pakistan, United Kingdom | 21 Sep 2021

Security for costs – what lens is enforcement criteria viewed through?

Political obstacles can trump legal obstacles when a court is considering enforcement in security for costs applications, as was seen recently in Haque v Hussain. This judgment also reinforces the message that evidence relating to the law of another jurisdiction should be presented by an expert in the field, or it may risk being deemed inadmissible.
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Elias Neocleous & Co LLC | Cyprus | 4 Dec 2018

Supreme Court judgment on appointment of IT experts

The Supreme Court recently issued an innovative judgment relating to Norwich Pharmacal orders which demonstrates the Cyprus courts' readiness to stay abreast of technological developments. The claimant alleged that he was the victim of fraud and conspiracy in connection with online foreign currency trading. The Supreme Court upheld the first-instance decision to appoint an independent......
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Ogier | Jersey | 9 Aug 2018

Court rules on limitation period for breach of directors' duties

The Jersey limitation period for claims against directors for breach of duty under Article 74 of the Companies (Jersey) Law 1991 has not been definitively decided by the Jersey Royal Court. However, the UK High Court recently found that the prescription period for claims against directors of Jersey companies for breach of their duties under Article 74 was 10 years. While this decision is not......
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Nagashima Ohno & Tsunematsu | Japan | 11 Jul 2018

Are differences in employment conditions of fixed-term and permanent employees reasonable?

Article 20 of the Labour Contract Act prohibits the imposition of unreasonable employment conditions on fixed-term employees in order to ensure their fair treatment. In light of two recent Supreme Court decisions on this matter, Japanese employers with both fixed-term and permanent employees should carefully review whether differences in the individual employment conditions of each type of......
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RPC | Hong Kong | 10 Jul 2018

More dismissal of 'dormant' claims

Defendants should welcome the recent judgment in Fiscalink International Ltd v Yiu Yu Sum Alex, in which the court struck out the plaintiffs' claims against a majority of the defendants on the basis that the lack of progress over many years was an abuse of process such that the entire action against those defendants should be dismissed. The court's judgment is another example at first......
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Wanhuida Intellectual Property | China | 18 Jun 2018

Keemun GI certification trademark invalidated

The Beijing High Court recently overturned a first-instance judgment relating to a certification trademark filed by the Keemun Black Tea Association. In its decision, the court emphasised that geographical indication trademark applicants bear a higher obligation and must act in good faith when submitting filing documents, including by not producing forged application files and giving a full......
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Lenz & Staehelin | Switzerland | 5 Jun 2018

Forum running through action for negative declaratory judgment now admissible in Switzerland

According to a new Federal Supreme Court decision, securing an advantageous place of jurisdiction in Switzerland (so-called 'forum running') in an international dispute is of sufficient interest for an action seeking a negative declaratory judgment. This new precedent enables parties domiciled in Switzerland to anticipate foreign proceedings initiated by a counterparty by filing an action for......
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CMS Albiñana & Suárez de Lezo | Spain | 25 Apr 2018

Moving towards equal pay for men and women at work

A recent judgment of the Andalusia High Court is the first decision in Spain to expressly declare that women and men are entitled to receive the same salary when performing similar functions and responsibilities, unless the company provides objective grounds, unrelated to gender, to justify the salary inequalities. It is advisable for companies to review their salary policies in order to......
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RPC | United Kingdom | 17 Apr 2018

Belhaj v director of public prosecutions – court clarifies two issues relating to waiver of privilege

In a case concerning misconduct in public office, the claimants sought to challenge the decision not to prosecute by beginning judicial review proceedings against defendants that included the director of public prosecutions. The court recently held that a limited waiver of legal professional privilege prevented the use of the privileged materials in a related judicial review and that legal......
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Akabogu & Associates | Nigeria, United Kingdom | 4 Apr 2018

Conversion claims based on unauthorised creation of lien on cargo

Where a bill of lading holder fails to take delivery within a reasonable time, the carrier may be entitled to land and store the goods at the cost of the bill of lading holder. This common-sense position accords perfectly with the Bill of Lading Act 1856. Although conversion claims based on the creation of unauthorised liens on cargo are maintainable against carriers, cargo holders should......
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