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Lenz & Staehelin | Switzerland | 24 Aug 2021

No interruption of statute of limitations during appeal stages

Civil Law provides for various statutes of limitations. As a rule, and unless otherwise provided, civil claims become time barred 10 years after their due date. However, there are some exceptions to this rule. There are several accepted circumstances within which the statute of limitations may be interrupted within civil claims, but the statute of limitations cannot stay interrupted forever....
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KaiRong Law Firm | China | 4 Aug 2021

Case law on statute of limitations in multimodal transport cases

In a multimodal transport, if one of its modes of transport is sea carriage and there is cargo loss or a damage claim against the operator, which statute of limitations should apply? This is debated in legal practice because the statutes of limitations stipulated in the Maritime Law and the Civil Code are quite different. This article discusses this debate from the perspective of Chinese......
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Smart & Biggar | Canada | 17 Apr 2019

Court of Appeal dismisses appeal of judgment awarding Apotex damages

In December 2017 Apotex was awarded more than C$11 million in damages and pre-judgment interest for losses resulting from delays in the US Food and Drug Administration's approval of its amoxicillin-clavulanic acid and levodopa-carbidopa products, which had been caused by contractual breaches and negligence on the part of MDS Pharma Services (MDS). However, the Ontario Court of Appeal recently......
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Dentons | Canada | 16 Apr 2019

Third-party discoverability grounded in reasonability

In negligence-based actions, defendants routinely issue third-party claims for contribution and indemnity to reduce their liability exposure. As a result, a plaintiff can commence a claim believing certain defendants to have caused its loss but, after successive third-party claims, learn that several other persons might have contributed to the loss. The Ontario Superior Court recently......
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Ichino Brugnatelli e Associati Studio Legale | Italy | 16 Apr 2019

Time barred: court rejects contract claim based on limitation period

A client company recently sued a leading Italian bank, arguing that the interest rate swap contracts concluded between the parties should be declared null and void because, among other things, no master agreement had been executed and the contracts had allegedly been concluded in violation of the bank's general duties of correctness and delay. However, the bank rejected the claims based on......
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Porzio Ríos García | Chile | 13 Mar 2019

Change of Supreme Court doctrine regarding limitation periods in employment actions

The Supreme Court recently decided a variation on limitation periods for employment actions – the so-called 'content doctrine' – which stresses the nature of relief sought by plaintiffs. However, the doctrine is problematic, as it implicitly extends limitation periods by calculating them from the date of termination of employment and not from the date on which any wrongdoing was committed.
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RPC | Hong Kong | 12 Mar 2019

Waiver of privilege during court proceedings

In a recent case before the High Court, a novel issue arose as to whether a party's deployment of privileged documents for the purposes of the trial of a preliminary issue concerning limitation would result in privilege in the documents being waived (lost) for the purposes of the main trial, in the event that the court held that the claim was not time barred. The case is a useful reminder of......
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Akabogu & Associates | Nigeria | 6 Mar 2019

Limiting shipowners' liability for compulsory pilotage services

It is not uncommon for shipowners to incur liability for acts or omissions for which neither they nor their employees are directly responsible. This is particularly common in the compulsory pilotage field. However, even in cases where liability cannot be disputed, shipowners may be entitled to limit their liability or, in some cases, escape it entirely.
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Farran Law Firm | Lebanon | 12 Feb 2019

Beirut Supreme Court confirms that trademark ownership is acquired through use, not registration

In a drawn-out dispute between the Kataeb Political Party and The Modern Media Company (MMC), the Beirut Supreme Court has confirmed that ownership of a trademark or trade name is acquired through use and not through registration with the relevant authorities. However, the MMC believes that the court made a serious error in its decision and has thus appealed to the country's highest court.
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RPC | United Kingdom | 12 Feb 2019

Time waits for know-ledge: but what does that mean for limitation?

Section 14A of the Limitation Act sets out the position on latent damage in negligence claims. Litigation around the application of Section 14A has predominantly centred on when the claimant has the requisite knowledge to bring a claim and if a claim could, and should, have been brought earlier. This has been brought into sharp focus in a recent case relating to a claim brought against the......
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