Mondaq Europe: Litigation, Mediation & Arbitration
Elias Neocleous & Co LLC
The issue of jurisdiction was at the centre of a recent action in the Limassol District Court, which dismissed the claimant's case at an early stage after hearing an application filed by the defendant...
Maples and Calder
In preparing for a trial, parties are required to seek out and disclose on affidavit certain categories of documents to one another.
Maples and Calder
In preparing for a trial, parties are required to seek out and disclose on affidavit certain categories of documents to one another.
Mason Hayes & Curran
Two recent judgments highlight the difficulties facing defendants when they apply for an order which safeguards their exposure to costs.
Mason Hayes & Curran
In the case of Ulster Bank Ireland Limited v O'Connor & Or[1], an Irish bank sued the defendant under his €1.5 million written guarantee for the debts of a development company owned by his brother.
Gough Law
Anyone who has been involved in a civil case will know that the obligation of disclosure of documents – or "discovery" as it used to be called – is a burdensome process.
Gough Law
In a recent judgment, the High Court has reaffirmed the costs philosophy underlying the conduct of civil litigation in the Isle of Man under the Rules of the High Court of Justice of the Isle of Man, ...
Gough Law
In a recent decision, the English High Court has held that the terms of a litigation funding agreement were protected by legal advice privilege, such that they were not capable of being disclosed to the opposing party.
Baker & Partners
In common law jurisdictions such as England and Jersey, privilege is a fundamental principle of justice which enables a client to talk openly to his lawyer, secure in the knowledge that nothing he says will later be made public.
Gabriel Arbitration AG
Set-off situations are frequent in international arbitration and are treated differently in common law and civil law jurisdictions. The present article analyses set-off from a Swiss civil law perspective...
LHA Avocats
Un tribunal arbitral n'a pas la compétence d'ordonner la mainlevée d'une opposition à un commandement de payer, pas plus que de se prononcer sur la validité d'un séquestre.
Altenburger Ltd legal + tax
The Swiss Federal Supreme Court found that the parties bindingly agreed on a pre-arbitral obligation to resort to mediation by a reference to the ADR Rules of the ICC (currently ICC Mediation Rules).
Bezen & Partners
The Rules of Arbitration of the International Chamber of Commerce in force as of 1 March 2017 offer access to simplified arbitration proceedings under the new Expedited Procedure Provisions...
Clyde & Co
The Civil Liability Bill has now been published setting out the proposed changes to the compensation regime for whiplash injuries.
4 New Square Chambers
Shail Patel of 4 New Square considers this High Court decision in which the Court found that an individual (C) did not have the right to be heard at an FRC Tribunal hearing, nor a right to redaction...
Reed Smith (Worldwide)
On 13 March 2018, the Court of Appeal reversed the Commercial Court decision in Tonicstar Limited v (1) Allianz Insurance PLC; (2) Sirius International Insurance Corporation.
Clyde & Co
The Ministry of Justice has announced that the Civil Liability Bill will set out proposed reforms to the discount rate and whiplash claims.
Clyde & Co
The trial judge's daughter did a mini-pupillage at the chambers of Mr Varma, counsel for one of the parties in this case.
Clyde & Co
Court of Appeal holds that company was not vicariously liable for agent who was acting "on a frolic of his own"
Clyde & Co
The worldwide freezing order ("WFO") granted against the respondents contained the standard disclosure obligation to inform the applicant in writing "of all his assets exceeding [here, £25,000]...
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Vannin Capital
It is also an unfortunate truth that litigation is now an accepted part of modern business.
4 New Square Chambers
In Stevensdrake v Stephen Hunt [2017] EWCA Civ 1173 (31 July 2017) the Court of Appeal considered the application of contractual principles to a Conditional Fee Agreement ("CFA")...
Clyde & Co
Over the years, issues of attachment and which policy responds has been a great source of contention in professional and financial lines, with issues around notification frequently being the source of such disputes.
Holman Fenwick Willan LLP
In this issue: Regulation and legislation; Court cases and arbitration; Market developments; HFW Publications and events.
Gowling WLG
Doctrines of equivalents in France, Spain and Germany: How do local patent experts view the UK Supreme Court's judgment in Actavis v Eli Lilly?
Dennemeyer Group
According to a recent study, the number of patent litigation cases in Europe initiated by so called non practicing entities (NPEs) has significantly risen over the past years.
J A Kemp
2017 was a year of change for the Boards of Appeal of the EPO: a new President and a move out of the EPO's oldest building in the centre of Munich to a suburb, Haar.
Clyde & Co
The decade since the enactment of the Legal Services Act 2007 (the "LSA") has seen significant regulatory reform in the legal sector...
Guzeloglu Attorneys-at-law
6102 sayılı Türk Ticaret Kanunu'nun ("TTK") 549.maddesi birtakım belgelerin doğru olmaması halinde sorumluluk hususunu düzenlemektedir
Abbatescianni Studio Legale e Tributario
The caveat emptor principle, that literally means let the buyer beware, has been followed for many years by the Courts of England. These simple words were an easy focus for judicial thought, a principle to be invoked when the going is difficult, a guide to be followed amid the baffling uncertainties of litigation.
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