ArticleMediation In Trust DisputesMuch has been made in recent years of the desirability of mediation as a means of resolving disputes without resorting to litigation. GuernseyWealth ManagementCollas Crill
ArticlePublic & Administrative Law Update: Regulation Of Lobbying RegulationsAs you know from our update on the Regulation of Lobbying Act 2015, available here, the Act came into effect on 1 September, 2015. Regulations have been introduced which class more people as "Designated Public Officials" under the Act. IrelandGovernment, Public SectorMason Hayes & Curran LLP
ArticleStay-ing Within The Limits Of The Arbitration Clock!Time, for purposes of the Limitation Act 1953, stops to run upon commencement of a suit or other proceedings in a Court of law. However, what happens if the time bar sets in before the commencement...MalaysiaLitigation, Mediation & ArbitrationShearn Delamore & Co.
ArticleLessons From Amgen v. SanofiAmgen provides a window on the Supreme Court approach to patent issues - look to history and established policy as our patent law is not code based but rather...United StatesIntellectual PropertyOblon
ArticleCertiorari Practice:The Supreme Court’s Shrinking Docket - (Part I)United StatesAccounting and AuditMayer Brown
ArticleDo International Commercial Courts Compete With International Arbitration?A few weeks ago, for London International Disputes Week, I organised an event which looked at this question. As it was of interest, I decided to share my views more openly...United KingdomLitigation, Mediation & ArbitrationGatehouse Chambers
ArticleThe Bare Arbitration Clause: Why And How It Works In Uganda: A Study Of The Vinci Coffee Arbitration ClauseA bare arbitration clause, like the one included in the government's contract with Vinci Coffee, merely provides for the submission of disputes to arbitration without specifying...South AfricaLitigation, Mediation & ArbitrationENS
ArticlePrivacy Pre-charge And Public Interest: Where To Draw The LineA good reputation is hard to earn and very easy to lose, never more so than when an individual is connected to a criminal investigation.United KingdomPrivacyBindmans LLP
ArticleThe "ACONCAGUA BAY" – Court Clarifies The Meaning Of An "Always Accessible" BerthOn 26 March 2018, the High Court handed down a succinct decision resolving this point of law.United KingdomTransportClyde & Co
ArticleCourt Of Appeal For Bermuda Clarifies Test For Leave To Appeal To The Privy CouncilAlthough an appeal to the Judicial Committee of the Privy Council lies as of right for money judgments in excess of $12,000, leave to appeal from decisions of the Court of Appeal...BermudaLitigation, Mediation & ArbitrationWalkers
ArticleDefamation: What Is "fair Comment" In Scots Law?The Inner House of the Court of Session has recently handed down a judgment that clarifies the defence of fair comment in an action of defamation. United KingdomEmployment and HRShepherd and Wedderburn
ArticleSecretly recording conversations with employers is misconductSecretly recording conversations with employers is misconduct & justifies dismissal.AustraliaEmployment and HRGilchrist Connell
ArticleThe Assessment Of 'Floor' Clauses In Loan AgreementsOn 4 July 2024, in the case of Caixabank SA and others v Asociación de Usuarios de Bancos, Cajas de Ahorros y Seguros de España (Adicae) and others (C-450/22), the European Court of Justice (ECJ)...MaltaFinance and BankingGanado Advocates
ArticleEmployment & Pensions Blog: Managing Competing Protected Characteristics In The WorkplaceFor the last two weeks a Scottish Employment Tribunal has been hearing the case of a female nurse who has brought claims against her employer, the NHS, for allowing a transgender doctor to use the female changing room.United KingdomEmployment and HRDevonshires Solicitors LLP
ArticleEarly Neutral Evaluation – How Might It Assist Your Client?The TCC, Commercial Court and Chancery Divisions of the High Court already have established Early Neutral Evaluation provisions, often judge-led.United KingdomLitigation, Mediation & ArbitrationGatehouse Chambers
ArticleR. v. Montour: A Drastic Shift In Indigenous Rights JurisprudenceOn November 1, the Honourable Sophie Bourque of the Superior Court of Québec handed down a decision that will have a huge impact on Indigenous law in the case of R. c. Montour. CanadaGovernment, Public SectorLanglois Avocats
ArticleCalifornia Taxpayers Should Fight Imposition Of The LCUP And Other Penalties In The Wake Of Gillette.In October 2012, a California Court of Appeal held that taxpayers could, under the Multistate Tax Compact, elect to apportion income using an equally weighted, three-factor method ...United StatesTaxReed Smith
ArticleCommercial Arbitration: MaltaAntoine Cremona and Yasmine Ellul from Ganado Advocates have authored the Malta chapter for Global Arbitration Review's Commercial Arbitration Know-How Guide, offering comprehensive insights into Malta's arbitration landscape. The chapter examines the country's arbitration framework, procedural rules, institutional support through the Malta Arbitration Centre, and the evolving trends shaping commercial dispute resolution in the jurisdiction.MaltaLitigation, Mediation & ArbitrationGanado Advocates
ArticleAn Overview Of Courts' State Aid Enforcement And ProcedureState intervention is a long-standing tradition in France. EU state aid control rules apply to avoid any undue distortion of competition. FranceAntitrust/Competition LawSheppard
ArticleObligations To Defend And Indemnify In A Licence AgreementA software licence, alleged patent infringement, obligations to defend and indemnify, arbitration and an appeal to a court were all dealt with by a Canadian court in Coastal Contacts Inc. v. Elastic Path Software Inc.CanadaIntellectual PropertyBlake, Cassels & Graydon LLP