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  • Article

    Spreadex v. Cochrane

    The English High Court has recently ruled that an online betting operator could not recover £50,000 on loss-making trades allegedly made by a customer's girlfriend's five year old son.
    Isle of ManLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • 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

    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

    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

    Shipping And Yacht Registration And Management In The Isle Of Man

    Isle of ManLitigation, Mediation & Arbitration
    Ernst & Young
    Ernst & Young
  • 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

    "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

    Is It A Hopeless Case?

    A discussion on the fact that applications for strike out are being increasingly used in the civil litigation process as a means to test, at an early stage, the courts view of the merits of a claim.
    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

    The Test For Professional Negligence Claims: A Departure From Bolam

    A 2016 case has marked a departure by the Courts from the usual standard of care imposed upon a financial advisor when advising clients.
    Isle of ManLitigation, Mediation & Arbitration
    DQ Advocates
    DQ Advocates
  • Article

    Witness In Fear Of Testifying

    In R v Crellin Crim 2012/32 the High Court was asked to admit as hearsay evidence the statement of a witness who through fear would not give evidence.
    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

    Pleading For Relief From Sanctions – The Failure To Provide Evidence

    The Rules of the High Court 2009 brought in a new regime for the conduct of Civil Litigation on the Isle of Man.
    Isle of ManLitigation, Mediation & Arbitration
    Simcocks
    Simcocks
  • Article

    Dispute Resolution

    Whether dealing with a multinational corporation or a private client, the dispute resolution department adopts a commercially realistic approach to bring each case to an efficient and practical conclusion.
    Isle of ManLitigation, Mediation & Arbitration
    Simcocks
    Simcocks
  • Article

    A Brief Summary Of Limitation Periods In The Isle Of Man

    Whilst it is always advisable to try and resolve matters by agreement outside of formal court action, it is important to be aware that Isle of Man law imposes certain limitation periods...
    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

    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
  • Article

    Gross Negligence, Negligence And Other Phrases

    Gross negligence is a civil law concept that has been imported into the common law.
    Isle of ManLitigation, Mediation & Arbitration
    Simcocks
    Simcocks
  • Article

    An Explanatory Note On Security For Costs Applications

    A defendant who is engaged in litigation, but feels the claimant may be unable to satisfy any costs order made against him may, in certain circumstances, apply to the court for an order for security for costs.
    Isle of ManLitigation, Mediation & Arbitration
    Simcocks
    Simcocks
  • Article

    "Unnecessary Delays And Costs Will Not Be Tolerated"

    Thomas Jefferson once stated, "every generation needs a new revolution".
    Isle of ManLitigation, Mediation & Arbitration
    Simcocks
    Simcocks

Showing 21–40 of 49 results

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