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  • Article

    Appeal Time Limits In The Isle Of Man

    The recent decision by the Isle of Man Staff of Government Division in Old Mutual International v Leonteq Securities & Otr (judgment dated 19 June 2020) offers a timely reminder to litigants and...
    Isle of ManLitigation, Mediation & Arbitration
    DQ Advocates
    DQ Advocates
  • Article

    To Pay In Or Not To Pay In, That Is The Question

    Lewin did not involve a situation in which a beneficiary absolutely entitled could not be found, and it was therefore not certain that a payment into court would be justified.
    Isle of ManCorporate/Commercial Law
    Simcocks
    Simcocks
Article

Mutual Wills – Can You Change Your Mind?

Individuals can agree that they will not in the future revoke or amend their Wills without the other party's consent.
Isle of ManFamily and Matrimonial
DQ Advocates
DQ Advocates
  • Article

    The Tests For Summary Judgment And Strike Out – A Timely Reminder From The Courts That This Is A High Bar To Meet

    Whilst the law surrounding summary judgment and strike out is well trodden and extensively documented, two recent cases involving the Simcocks Dispute Resolution team have served as a timely reminder from the Manx courts ...
    Isle of ManLitigation, Mediation & Arbitration
    Simcocks
    Simcocks
  • Article

    Restatement Of The Doctrine Of Illegality: The Supreme Court's Decision In Patel v Mirza

    Following a series of inconsistent judgments, the Supreme Court has set down a new flexible but structured approach to illegality based upon the purpose behind the public policy.
    Isle of ManCorporate/Commercial Law
    DQ Advocates
    DQ Advocates
  • Article

    Injunctive Relief Against Third Parties: The Chabra Jurisdiction

    The application was brought without notice on the basis that if notice were given there would be a real risk of dissipation of the assets.
    Isle of ManLitigation, Mediation & Arbitration
    DQ Advocates
    DQ Advocates
  • Article

    English Court Expands Reach Of Freezing Injunction To Trust Assets

    In December 2013, the liquidator of a Russian bank commenced proceedings in Moscow against one of the founders of the bank, Mr Pugachev, alleging that he had defrauded the bank out of c USD 2.2 billion.
    GlobalCorporate/Commercial Law
    DQ Advocates
    DQ Advocates
  • Article

    Oops! Can A Trustee's Mistake Be Undone?

    The case involved the trustee of a number of Isle of Man trusts granting several call options. The call options could have led to capital gains tax consequences for the beneficiaries resident in the UK.
    Isle of ManCorporate/Commercial Law
    DQ Advocates
    DQ Advocates
  • Article

    Appeal Court Confirms Strike Out Principles

    Last year, leading offshore law firm DQ Advocates reported on the Isle of Man High Court's judgment in the case of The Slegaby Estate Limited and Samuel George Alder v Lloyds Bank International Limited.
    Isle of ManLitigation, Mediation & Arbitration
    DQ Advocates
    DQ Advocates
  • Article

    Without Prejudice – Understanding What It Means

    Lawyers and non-lawyers frequently head communications with the phrase, "without prejudice".
    Isle of ManLitigation, Mediation & Arbitration
    Simcocks
    Simcocks
  • Article

    How Final Is Final?

    If you are going through a divorce, or dissolution of a civil partnership, or if you are already divorced, no matter how long ago, it is certainly worth considering whether you have done all that you can to protect yourself...
    Isle of ManFamily and Matrimonial
    Simcocks
    Simcocks
  • Article

    Is Ryan Giggs A Genius? Dividing A Couple's Assets On Divorce

    Regardless of whether you are a Man Utd fan or not, Giggs has undoubtedly generated substantial wealth during his football career. It has been widely reported that he and his wife, Stacey, are divorcing.
    Isle of ManFamily and Matrimonial
    Simcocks
    Simcocks
  • Article

    Insolvency Update: Court Guidance On Provisional Liquidators' Fees

    The Isle of Man High Court issued useful guidance on the procedure and principles applicable to payment of provisional liquidators' fees in a protracted winding up case.
    Isle of ManInsolvency/Bankruptcy/Re-Structuring
    DQ Advocates
    DQ Advocates
  • Article

    "Hirco v Hiranandfani" – The Isle Of Man Is The Correct Forum

    His Honour Deemster Doyle delivered his judgment in Hirco v Hiranandani , in which the issue was whether the Isle of Man was the appropriate forum for the trial.
    Isle of ManLitigation, Mediation & Arbitration
    Simcocks
    Simcocks
  • Article

    Morrisons: The UK Supreme Court Clarifies And Limits The Scope Of Vicarious Liability In A Welcome Relief To Businesses

    The law on vicarious liability has recently been the subject of an important United Kingdom Supreme Court judgment which has limited its scope, providing a welcome relief for employers who would...
    Isle of ManLitigation, Mediation & Arbitration
    DQ Advocates
    DQ Advocates
  • Article

    Does An Advocate Owe A Duty Of Care To A Third Party?

    This case deals with three main issues; (1) the duty of care of an advocate to a third party, (2) amendments to Particulars of Claim and (3) the test when seeking leave to appeal to the Privy Council.
    Isle of ManLitigation, Mediation & Arbitration
    Simcocks
    Simcocks
  • Article

    Court Confirms Law On Res Judicata And Abuse Of Process

    The claim followed the conclusion of two years of litigation (ORD 12/0035 & ORD 12/0034) between the parties in respect of the Bank's contractual claim for amounts owed by TSEL to the Bank pursuant to certain business loans.
    Isle of ManLitigation, Mediation & Arbitration
    DQ Advocates
    DQ Advocates
  • Article

    Breaking New Ground – A Different Way Of Determining Jurisdiction In The Manx Courts

    Mr Mercer had been a competitor at the 2018 TT motorcycle races when he was involved in a collision with a course car, resulting in personal injuries of a relatively severe nature.
    Isle of ManLitigation, Mediation & Arbitration
    Simcocks
    Simcocks
  • Article

    Limitation Of Liability Convention For Maritime Claims (Update)

    The Courts in the Isle of Man have again upheld the right of a shipowner resident in the Isle of Man to limit their liability under the 1976 Convention.
    Isle of ManTransport
    Simcocks
    Simcocks
  • Article

    Guide To Freezing Orders In The Isle Of Man

    A freezing order (sometimes referred to as a freezing injunction) is an interim measure granted by a court to prevent a person from being able to dispose of or deal with their assets before a judgment has been enforced.
    Isle of ManLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Showing 21–40 of 49 results

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