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Lexology PRO | European Union, Spain | 7 Apr 2022
Damages claims evidence includes documents that do not yet exist, AG Szpunar says
EU law on the disclosure of evidence in antitrust damages claims could require companies involved in follow-on litigation to compile and produce brand new documents, an advocate general at the European Court of Justice has said.
Cecil Abraham & Partners | Malaysia | 31 Mar 2022
Conducting arbitration in Malaysia: taking of evidence
The arbitral tribunal normally decides on the issues of relevance, admissibility and the weight to be attached to the evidence tendered at the hearing. As the tribunal is not bound by the general rules of evidence, most tribunals, in practice, adopt a flexible approach to the admissibility of evidence that may genuinely assist them in determining the dispute. This article is part of a series......
Smart & Biggar | Canada | 21 Feb 2022
Canadian patent law 2021: part two
2021 saw changes in Canadian patent legislation and a variety of court decisions addressing rarely interpreted provisions of the Patent Act, early consideration of recently enacted provisions and new takes on central tenets of patent law. This article is part of a series that highlights statutory changes and a selection of the most interesting patent cases reported in 2021.
RPC | Hong Kong | 25 Jan 2022
Court of Appeal comprehensively reviews without prejudice privilege
Secretary for Justice v Wong raises some important issues arising out of the legal principles that underpin the protection afforded to without prejudice communications that are deserving of appellate court review. In a rolled-up hearing, the Court of Appeal considered an application for permission to appeal by the defendant and the appeal itself. The Court's judgment is a comprehensive......
SMARTLEGAL Schmidt & Partners | Hungary | 25 Jan 2022
Service of contractual notices: party autonomy respected and free evaluation of evidence in liquidation proceedings
In its recent decision, the Hungarian Supreme Court examined whether liquidation proceedings can be started against a debtor who received online invoices via email and failed to pay them. Is the principle of free evaluation of evidence in civil litigation also valid in insolvency proceedings in Hungary? Are contract provisions relating to the service of contractual notices applicable in such......
Pinsent Masons | European Union | 6 Dec 2021
EPO refers questions to Enlarged Board of Appeal on plausibility and use of post-published data
The Board of Appeal of the European Patent Office has referred questions to the Enlarged Board of Appeal on the relevant plausibility standards for European patents. The answer to the questions referred will be important in determining what evidence a patent applicant must include in the patent application as filed, and to what extent evidence published after a patent application has been......
Lexology PRO | Australia | 1 Jun 2021
JPMorgan contests settlement disclosure request in Australian cartel case
JPMorgan has pushed back against claims that its discussions with the Australian Competition and Consumer Commission and the country’s financial regulator during the course of leniency negotiations should be disclosed to banks fighting cartel charges in a landmark case.
Lexology PRO | Australia | 27 May 2021
Banks fight over disclosure in landmark Australian cartel case
ANZ has urged an Australian court to grant it unredacted access to important communications between the country’s competition and financial watchdogs about leniency applicant JPMorgan, as the bank looks to rebut charges it participated in a criminal cartel.
JWP Patent & Trademark Attorneys | European Union | 26 Jan 2021
EPO allows a new form of evidence
On December 15, 2020, the European Patent Office issued a decision on a new admissible form of evidence in patent proceedings, which entered into…
Mason Hayes & Curran LLP | European Union, Ireland | 2 Oct 2019
Obtaining Evidence in Ireland for Use in Litigation in Other Countries
In light of the recent steady increase in multi-jurisdictional transactions and cross-border disputes, the number of applications brought to obtain…
