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Article
More Good News Than Bad For Bond Trustees
Two recent (and closely-related) cases, the first instance decisions in Law Debenture Trust Corporation plc v Acciona SA [2004] EWHC 270 (Ch) (‘Acciona’) and Concord Trust v Law Debenture Trust Corporation plc [2004] EWHC 1216 (Ch) (‘Concord’), have both clarified and reaffirmed certain concepts and principles regularly employed in the trust deeds used to constitute English law bonds and reminded us of some of the protections available to trustees under English law.
United KingdomFinance and Banking
White & Case
Article
S&B v Bourn – The Thresholds And Parameters For Claimants Seeking Summary Judgment
The claimant is a company which introduces businesses to potential funders.
United KingdomFinance and Banking
Mayer Brown

Claims Made And Notified Under D&O Insurance Policy: Definition Of Class Of Business In A Reinsurance Treaty Is Not An ´Exclusion´ Or ´Limitation´ – Arbitral Award Overturned For Manifest Error Of Law

Certain reinsurance treaties covered D&O policies with a duration of up to three years. The cedant sought indemnity under the treaties for certain claims made and notified within three years of the inception of the policy, even though the term of the policy was seven years.

GlobalInsurance

Curwoods Lawyers

Snapshot: Appealing Civil Judgments In Guernsey

This snapshot outlines the process and grounds upon which an appeal can be made in respect of a civil judgment by the Royal Court of Guernsey.

GuernseyLitigation, Mediation & Arbitration

Court Of Appeal Confirms Party Cannot Waive Contractual Right To Terminate Unless It Is Actually Aware Of The Right

The court rejected an argument that, for these purposes, a party is deemed to have knowledge of the express terms of the contract.

United StatesLitigation, Mediation & Arbitration

Herbert Smith Freehills Kramer LLP

Two Indian Parties Opting For Foreign-Seated Arbitration: No Bar?

This judgment interprets the scheme of the Act, whereby it clarifies that applicability of Part II of the Act is not based on the nationality of the parties but on the basis of where the arbitration is "seated".

IndiaLitigation, Mediation & Arbitration

Nishith Desai Associates

Cyprus Chapter Of Global Legal Insights – Litigation & Dispute Resolution 4th Edition

Cyprus was a British colony until 16 August 1960, when it became an independent sovereign republic.

CyprusWealth Management

Elias Neocleous & Co LLC

Sian Of The Time: Privy Council Rejects Salford Estates Approach To Arbitration And Insolvency

In Sian Participation Corp v Halimeda International Ltd [2024] UKPC 16, a Privy Council Board comprising Lords Briggs, Hamblen, Burrows, Reed and Lloyd-Jones considered the issue of whether insolvency proceedings...

British Virgin IslandsLitigation, Mediation & Arbitration

Drawing The Line At 65: Why Ontario's Age Cutoff For Long-Term Disability Benefits Survived A Charter Challenge

It's been more than 20 years since Ontario eliminated mandatory retirement in all aspects of employment. However, a grievance by the Ontario Nurses' Association ("ONA")

CanadaEmployment and HR

Aird & Berlis LLP

A Reminder Of The Importance Of Reasonable Foreseeability In Negligence Claims

At law, certain relationships are recognized to give rise to a prima facie duty of care. It is a well-known fact and well-established point of law that a driver of a car who is at-fault

CanadaLitigation, Mediation & Arbitration

McLeish Orlando LLP

Skunk V Ketash: Order Dismissing Summary Judgment Motion Is Generally Interlocutory

In Skunk v Ketash, the Court of Appeal for Ontario found that an order dismissing a summary judgment motion was interlocutory.

CanadaLitigation, Mediation & Arbitration

Osler, Hoskin & Harcourt LLP

New Alternative Investment Funds Legislation

On 10th July 2018, the Cyprus parliament approved the new alternative investment funds (AIF) legislation which will replace the existing law and which enables, for the first time in Cyprus ...

CyprusFinance and Banking

G 1/24 – A New Era Of Claim Interpretation At The EPO?

Following on from the Oral Proceedings in March, the EPO's Enlarged Board of Appeal has now issued its extremely concise decision in the case G 1/24...

European UnionIntellectual Property

Finnegan, Henderson, Farabow, Garrett & Dunner LLP

Accelerated Justice In The French Cassation Court – A New Beginning

The role of the French Cassation Court is to exercise ultimate control over questions of law.

FranceTransport

Reed Smith (Worldwide)

Stamp Duty Battle: Abbvie Wins Appeal Against €587m Irish Stamp Duty

A recent decision of the Tax Appeals Commission (TAC) will be of interest to Pharma, Healthcare and MedTech companies that are considering M&A transactions in the Irish market.

IrelandCorporate/Commercial Law

William Fry LLP

InDisputes Series: Amending A Tax Appeal – Recent High Court Clarity

In the recent case of Express Motor Assessors Limited v Revenue Commissioners the High Court clarified the process for amending appeals against determinations of the Tax Appeals Commission.

InDisputes Series: The Cost Of The Kitchen Sink

In Byrne v Revenue Commissioners, the High Court upheld a Tax Appeals Commission ("TAC") finding that a taxpayer (Mr. Byrne) should have known that there was a VAT fraud in the supply chain...

Seaworthy Means Seaworthy: A Reminder About Implied Terms

The High Court has given a useful reminder of how stringent the test for implying a term into a contract is. On the facts, a promise that a yacht was seaworthy meant exactly that, even if the underlying fault started earlier.

United KingdomCorporate/Commercial Law

Contested Will Claim Against Estate Fails

The recent reported case of Shearer v Shearer highlights that adult children cannot expect an estate to support their affluent lifestyles.

United KingdomFamily and Matrimonial

Carriage by Air and DVT: The Story so Far…

Air Carries are not liable to compensate passengers suffering from DVT during or arising out of flight, unless they can identify an event that caused their injury.

United KingdomTransport

Barlow Lyde & Gilbert LLP

Showing 301–320 of 896 results

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