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Commercial Disputes

Blog

The effectiveness of a US exclusive jurisdiction clause in light of the (Recast) Brussels Regulation

Published on 22 October 2015. By Amelia Payne, Associate and Simon Hart, Partner

The Court of Appeal ruled that a company which provides benefits to employees of associated group companies may be regarded as an employer if it provides those benefits to reward and encourage the employees for the benefit of their employer and the group as a whole.

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Blog

High Court guidance on the admissibility of expert evidence

Published on 05 October 2015. By Tim Brown, Partner

British Airways has succeeded in partly overturning the decision of a Deputy Master who refused BA permission to adduce expert evidence in litigation against the trustees of one of its defined benefit pension schemes.

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Blog

Repudiatory breach implicitly excluded in multi-party LLP agreements

Published on 29 September 2015. By Geraldine Elliott, Partner

In the recent decision of Flanagan v Liontrust Investment Partners LLP and others[1] the High Court held that the doctrine of repudiatory breach is excluded in multi-party limited liability partnership agreements ...

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Blog

Tracing Mr Maluf's millions

Published on 28 September 2015. By Alan Williams, Senior Associate and Tim Brown, Partner

The recent Privy Council decision in Federal Republic of Brazil and another v Durant International Corporation and another upholding a Jersey Court of Appeal judgment provides guidance on the approach the English Courts may now take to backwards tracing.

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Publication

Commercial disputes and regulatory – Hong Kong

23 September 2015

Faceless fraud – scams in an online world

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Blog

Final appeal serves up sushi

Published on 17 September 2015. By Rebecca Wong, Senior Associate

In the past decade or so sushi has become increasingly popular – both in Hong Kong and globally.

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Blog

Otkritie and the "Aldi requirement"

Published on 07 September 2015. By Jake Hardy, Legal Director

The judgment in Otkritie –v- Threadneedle examined the interplay between the "Aldi requirement" ...

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Blog

Court of Appeal rules on limitation and concealment in competition damages claim

Published on 04 September 2015. By Chris Ross, Partner and Andy McGregor, Partner

In the recent decision of Arcadia Group Brands Ltd & Ors v Visa Inc & Ors[1] ...

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Blog

Court confirms its wide discretionary power to extend time in consent orders

Published on 18 August 2015. By Geraldine Elliott, Partner

In Safin (Fursecroft) Limited v The Estate of Dr Said Ahmed Said Badrig (Deceased)[1], the Court of Appeal considered the principles that apply to an application for extension of time for compliance with obligations set out in a consent order.

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Blog

The risk of a pyrrhic victory for claimants relying on damages clauses for the calculation of compensation in the absence of actual loss

Published on 11 August 2015. By Charlotte Ducker, Senior Associate

The Supreme Court has handed down a unanimous decision which confirms that clauses which provide a contractual mechanism for the calculation of damages remain subject to standard rules of construction.

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