Latest updates

Court applies international collision regulations and considers subrogation
Elias Neocleous & Co LLC
  • Shipping & Transport
  • Cyprus
  • 22 May 2019

The admiralty jurisdiction of the Supreme Court recently ruled in a case concerning a marine accident which occurred when the bow of a sailing boat rammed the starboard side of a speedboat. It was highly disputed whether the sailing boat had been simultaneously using open sails and its engine. In reaching its conclusion, the court considered the evidence and the Rules of the Convention on the International Regulations for Preventing Collisions at Sea.

New regulations aim to improve gender equality
CMS Albiñana & Suárez de Lezo
  • Employment & Benefits
  • Spain
  • 22 May 2019

The Royal Decree-Law on Urgent Measures to Guarantee Equal Treatment and Opportunities for Women and Men in Employment and Occupation recently came into force, amending the Workers Statute and the Equality Law. The decree-law, which applies to companies established in Spain, aims to improve gender equality between women and men, reinforce equal pay and enable parents to share childcare responsibilities.

Cost of intimidation: what not to do when terminating employees
Fasken
  • Employment & Benefits
  • Canada
  • 22 May 2019

A recent Court of Appeal decision demonstrates the high cost of bad faith when terminating a senior employee for cause. The decision reads as a how-to guide in reverse (ie, what not to do when terminating an employee) and highlights that employers should not (among other things) refuse to inform a terminated employee as to why they are alleging cause or file baseless counterclaims.

On the (Quebec health) record: Quebec government liable for patent infringement
Smart & Biggar/Fetherstonhaugh
  • Healthcare & Life Sciences
  • Canada
  • 22 May 2019

In a digital-age David versus Goliath case, the Federal Court recently held that the Quebec government had infringed two patents owned by Dr Luc Bessette relating to a shared medical records system that he had invented 20 years ago. This is the first time that the Quebec government has been held liable for patent infringement and the decision provides important guidance to institutions, enterprises and inventors alike.

Rule 9(b)'s particularity requirement and constitutionality of False Claims Act qui tam provisions
Sidley Austin LLP
  • Healthcare & Life Sciences
  • USA
  • 22 May 2019

In a recent decision, the Tenth Circuit reversed a district court's dismissal of qui tam claims, reasoning that the relator's allegations had satisfied Rule 9(b) of the Federal Rules of Civil Procedure. Among other things, the defendant contended that the court's intervention is necessary to resolve a deep circuit split on whether Rule 9(b)'s particularity requirement can be relaxed where a defendant exclusively holds the information necessary to state a claim.

Get off my plane! Court rejects damages claim by disruptive passengers
Freidenberg Freidenberg & Lifsic
  • Aviation
  • Argentina
  • 22 May 2019

The Federal Court recently heard a case in which two passengers claimed damages from Aeromexico after they had been ordered to disembark an aircraft for being disruptive. The case provides an insight into the question of whether consumer protection law trumps flight security concerns.

Opening of new Berlin Brandenburg International Airport at stake (again)
Arnecke Sibeth Dabelstein
  • Aviation
  • Germany
  • 22 May 2019

Recent reports suggest that the need to remedy defects in a faulty fire prevention system and other construction faults will further delay the opening of the new Berlin Brandenburg International Airport. For example, an internal report by TÜV Rheinland detailed 11,519 deficiencies in the airport's emergency lighting and safety power supply cables, which were replaced after the failed opening in 2012.

Amendments to Patented Medicines Regulations expected to come into force no earlier than Spring 2020
Smart & Biggar/Fetherstonhaugh
  • Healthcare & Life Sciences
  • Canada
  • 22 May 2019

Health Canada recently released its Forward Regulatory Plan 2019-2021: Regulations Amending the Patented Medicines Regulations. This brief document provides a high-level overview of the anticipated amendments released in draft form on 2 December 2017, the expected impact of these amendments and the consultation process.

Employers should wait for criminal court decisions before terminating employment
Fenech & Fenech Advocates
  • Employment & Benefits
  • Malta
  • 22 May 2019

Industrial Tribunal cases tend to be sensitive in nature as they essentially deal with a person's livelihood; however, when the Industrial Tribunal is faced with matters which have also been referred to the courts of criminal jurisdiction, such cases are even more complex. In particular, there are questions around how an employer should regulate itself regarding an employee's employment when it is confronted with a pending decision by the criminal court.

EU member states must require employers to record working time systematically
Allen & Overy LLP
  • Employment & Benefits
  • European Union
  • 22 May 2019

The European Court of Justice recently ruled that EU member states must require employers to establish an objective, reliable and accessible system for measuring their employees' daily working times. Without such a system, the hours and overtime actually worked cannot be reliably measured and employees' ability to enforce their rights cannot be guaranteed.

Understanding legal position of digital logistics platforms
AKD The Netherlands
  • Shipping & Transport
  • Netherlands
  • 22 May 2019

Digital platforms which connect logistics service providers with their customers have become commonplace. A relevant question from a legal perspective is whether such a platform acts as a carrier or freight forwarder. The answer to this question will affect a platform's civil and public law exposure. As such, platforms should consider their legal position carefully.

EAT confirms that removal of outdated contractual entitlement following transfer was not void
Lewis Silkin
  • Employment & Benefits
  • United Kingdom
  • 22 May 2019

The Employment Appeal Tribunal recently upheld a decision that the removal of outdated contractual entitlements following a Transfer of Undertakings (Protection of Employment) (TUPE) transfer was not void, as the sole or principal reason was not the transfer or a reason connected with the transfer. This is a relatively rare example of contractual changes following a TUPE transfer being permissible.

New law increases statutory leave entitlement and introduces additional public holiday
Castegnaro
  • Employment & Benefits
  • Luxembourg
  • 22 May 2019

A new law modifying the Labour Code and the Modified Law establishing the General Status of Civil Servants recently came into effect. The law has increased the minimum statutory paid leave entitlement from 25 to 26 days a year. It has also declared Europe Day, celebrated annually on 9 May, a statutory public holiday.

Destruction of consignment by Customs – question of liability
Arnecke Sibeth Dabelstein
  • Shipping & Transport
  • Germany
  • 22 May 2019

The Higher Regional Court of Dusseldorf recently confirmed the underlying principle of Article 18(2)(d) of the Montreal Convention – namely, that air carriers cannot be held liable for damages which are entirely outside their sphere of risk and influence. However, this decision is also a useful reminder that an exclusion of liability clause is not a free pass for carriers.

Supreme Court's recent take on non-disclosure and misrepresentation
Tuli & Co
  • Insurance
  • India
  • 21 May 2019

The Supreme Court recently ruled in a case between Reliance Life Insurance and the wife of an insured party who had died of a heart attack. Reliance had repudiated the respondent's claim due to the suppression of material facts by the insured, who had failed to provide details of a second policy with another insurer. In its decision, the Supreme Court considered the nature of the disclosure made by the insured and the validity of the ground for repudiation of the claim.

Declaration of Economic Freedom – impact on new and existing litigation
TozziniFreire Advogados
  • Litigation
  • Brazil
  • 21 May 2019

The Declaration of Economic Freedom was recently instituted by Presidential Provisional Measure 881/2019. Designed to curtail the state's undue interference in economic activities performed by individuals and companies, the law (which is subject to confirmation by Congress) is also expected to affect new and existing litigation, including the Civil Code. On its face, the Civil Code modification seems positive. However, it is unclear how the courts will react to these novelties.

The gagging order and Norwich Pharmacal two step
RPC
  • Litigation
  • Hong Kong
  • 21 May 2019

The Norwich Pharmacal order is an important tool for combating fraud. Given the prevalence of electronic and identity fraud, the ability of victims to recover lost money through the civil courts has assumed a high profile of late. For plaintiffs who fall prey to such fraudsters, the ability to obtain a court order prohibiting a defendant from disposing of (among other things) money in a bank account (ie, a Mareva injunction) and to obtain timely disclosure of details of alleged wrongdoing from a defendant's bank (eg, Norwich Pharmacal relief) is often crucial.

On the right track: developments in light rail
Womble Bond Dickinson (UK) LLP
  • Projects & Procurement
  • United Kingdom
  • 21 May 2019

Given the growing popularity of light rail systems across the globe, operators, passenger transport executives, local authorities and commentators alike are calling for further investment in order to better harness the great opportunities for building on this growth. Developments in this sector have the potential to provide welcome improvements to public transport in the United Kingdom, ease the pressure on congested roads and improve access for many communities.

Disclosure pilot scheme under spotlight: application and privilege
RPC
  • Litigation
  • United Kingdom
  • 21 May 2019

The chancellor of the High Court recently clarified to which cases the disclosure pilot scheme applies. He also provided useful guidance on the extent to which the court should exercise its discretion to inspect allegedly privileged documents under the new regime and emphasised the change in behaviour and culture envisaged under the pilot.

Court of Appeal specifies consequences of rescinding contracts
Luther SA
  • Litigation
  • Luxembourg
  • 21 May 2019

The buyer of an apartment signed a long-term lease and agreed to live in the apartment for at least 12 years. However, in contravention of this commitment, the buyer moved out and rented the property to a tenant. The seller sued the buyer, seeking to have the contract rescinded. In its decision, the Court of Appeal ruled that the contract had been divided into a contract of sale and a lease contract, and that the retroactive rescission principle would have a different effect on each of these.

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