Searching Content indexed under Trials & Appeals & Compensation by Maples Group ordered by Published Date Descending.
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Discovery Of Loan Purchase Price Ordered In Ireland Where Unjust Enrichment Pleaded
The Irish courts have generally acknowledged the commercial sensitivity attaching to contractual documents entered into as part of a loan sale transaction.
1 Oct 2019
DBS Bank Case - Appeal Headed To The Highest Court In Hong Kong
In Zhang Hong Li & Ors v DBS Bank (Hong Kong) Limited & Ors, FAMV 126/2018 (26 April 2019), the Hong Kong Court of Final Appeal granted leave to the defendants to appeal against the judgment ...
Hong Kong
5 Sep 2019
Drowning In Documents? Irish Supreme Court Reasserts Traditional Discovery Tests
In our latest update, Kevin Harnett and Eugene McCormick of our Litigation team in Dublin write about a landmark decision by Chief Justice Clarke where the Irish Supreme Court has reasserted the traditional legal tests ...
23 Jul 2019
"True Sales" In Receivables Financing Transactions
The Court of Appeal's recent decision in Bank of Ireland v Eteams (International) Limited brings further important legal clarity for all forms of receivables finance transactions, as well as the "true sale" opinions ...
6 Jun 2019
Repossessing Commercial Property Comprising A Private Residence
A recent High Court decision in Ireland highlights the care that needs to be taken in property repossession claims by lenders where a borrower's principal dwelling house ("PDH") ...
14 Mar 2019
Free Riders Forewarned: Legal Costs Exposure For Non-Party Funders In Ireland
The Irish Supreme Court has confirmed in a recent case the courts' jurisdiction to make a person who is not a party to proceedings, but who funds and directs the proceedings on behalf of an impecunious corporate...
10 Sep 2018
The Importance Of Pursuing All Defendants In Irish Litigation
Section 35(1) of the Irish Civil Liability Act 1961, as amended, lists a number of grounds by which a plaintiff's acts or omissions with respect to the liability of concurrent wrongdoers can result in a reduction of...
31 Aug 2018
Irish Court Of Appeal Rules On Default Interest And Loan Enforcement Issues
A series of judgments handed down by the Court of Appeal on 30 July 2018 in linked litigation deals with important issues arising in loan default scenarios, particularly where the loan has been traded in the...
22 Aug 2018
Disclosure Of Winning Bids In Irish Public Procurement Challenges
On 28 March 2018, the Irish Court of Appeal gave judgment on an appeal against the High Court's refusal to order discovery of parts of a successful tender in a public procurement process ...
22 Jun 2018
Minister Announces Bill On House Repossession
The Minister for Justice announced on Tuesday (29 May 2018) that a new bill will be drafted to provide further protections for mortgagors facing repossession proceedings.
31 May 2018
Herald Fund SPC: The NAVs That Bind
In a decision that does much to reassert legal certainty for investors in Cayman Islands funds the Cayman Islands Court of Appeal ("CICA") has overruled a decision of the Grand Court concerning...
Cayman Islands
19 Mar 2018
Data Access Requests And Discovery - Recent Irish Judicial Development
In a recent decision, the Irish High Court held that a court may order a person to make discovery of personal information that he or she has a right to obtain from a third party on foot of a data access...
15 Mar 2018
Cayman Islands Funds Clawbacks - Business As Usual
"Landmark decision" is perhaps becoming an overused phrase. You may have heard about the recent Privy Council ruling in DD Growth v RMF Market Neutral Strategies [2017] UKPC 36...
Cayman Islands
4 Dec 2017
AIB v Rostaff Property Development Ltd
The recent decision of Barrett J in AIB v Rostaff Property Development Ltd (High Court, 7 September, 2017) once again highlights the difficult area of undue influence in the context of guarantees...
25 Sep 2017
True Sales Under Irish Law – Market Approach Confirmed
The Irish High Court has recently ruled on the test for determining whether the transfer of a debt is a "true sale" or is by way of a charge
5 Jul 2017
Business Crime 2017: Cayman Islands
What authorities can prosecute business crimes, and are there different enforcement authorities at the national and regional levels?
Cayman Islands
20 Oct 2016
Business Crime 2017: British Virgin Islands
What authorities can prosecute business crimes, and are there different enforcement authorities at the national and regional levels?
British Virgin Islands
20 Oct 2016
Winding Up Is No Hard And Fast Opportunity
Caroline Moran and Anna Perry give further guidance on soft wind downs of open-ended corporate mutual funds in the Cayman Islands, examining the recent case of Re Washington Special Opportunity Fund, Inc.
Cayman Islands
26 Jun 2016
Not a Wind Up: A Soft Wind Down of a Mutual Fund
The recent Cayman Islands Grand Court decision in Washington Special Opportunity Fund, Inc, stands as a useful reminder that the winding up of a Cayman Islands open-ended mutual fund is a drastic measure, which will not be too readily granted
Cayman Islands
1 Apr 2016
High Court Approves Administrative Sanctions Regime Against Former Officer
The High Court on 4 January 2016 refused a judicial review of the administrative sanctions procedure commenced by the CBI against Michael P Fingleton, a former director and chief executive of the Irish Nationwide Building Society.
26 Jan 2016
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