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Hong Kong corporate crime team publishes article addressing the thorny issue of privilege in Asia investigations
Given the variety of civil law and common law systems across Asia, and the fact that corporate investigations in the region almost always involve …
Supreme Court restates test for dishonesty in criminal proceedings
The Supreme Court has held that the correct test for dishonesty in criminal proceedings is whether or not the defendant's conduct is dishonest by the …
High Court prevents in-house lawyer acting against former employer due to risk of subconscious use of confidential information
The High Court has granted an injunction preventing an in-house lawyer from acting in proceedings adverse to her former employer: Western Avenue …
Supreme Court confirms that the situs of a debt due under a letter of credit is the location of the issuer
In a departure from previous authority, the Supreme Court has confirmed that the situs of a debt created by a letter of credit is the place of residence …
Article published - Don’t forget: the Recast Brussels Regulation can apply to non-EU defendants
It is easy to fall into the trap of thinking that the Brussels jurisdiction regime applies to EU domiciled defendants and the common law rules apply to …
Court of Appeal clarifies approach to exclusive jurisdiction provisions of Brussels regime relating to validity of corporate decisions
The Court of Appeal has held that the English courts had exclusive jurisdiction to hear a claim brought by an English subsidiary company against Turkish …
Cross-Border Litigation - international perspectives
We are pleased to publish the second issue of our periodic publication "Cross-Border Litigation", designed to highlight legal and practical …
Getting your just deserts: Remedies for breach of contract
Establishing that a counterparty is in breach of contract is only the first hurdle to obtaining proper redress. It is just as important for the innocent …
Working group proposes pilot of new rules for disclosure
A disclosure working group set up last year, chaired by Lady Justice Gloster, yesterday published its proposals for reforms to the rules governing …
Court of Appeal confirms need to apply for immediate assessment of costs where successful in interlocutory appeal
The Court of Appeal has confirmed that a party who is awarded its costs of an interlocutory appeal is not entitled to an immediate …
Reliance on an absence of legal advice may waive privilege
The First Tier Tribunal (Tax Chamber) has held that a party waived privilege in certain communications with its lawyers by relying on the absence of …
High Court clarifies scope of CPR 31.22: use of a document only for the purpose of the proceedings in which it is disclosed
The High Court has recently considered what amounts to use of disclosed documents for a collateral purpose contrary to CPR 31.22: Grosvenor Chemicals Ltd …
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