Litigation updates

Cayman Islands

Dishonesty is a serious allegation and must not be pleaded lightly: rolled-up plea is insufficient
  • Cayman Islands
  • 21 August 2018

The Grand Court has set out the requirements for pleading a cause of action of dishonest assistance and reaffirmed the established principles of the defence of estoppel. The decision provides welcome comfort to corporate entities with robust and thorough systems for detecting fraud.


Contributed by Elias Neocleous & Co LLC
Supreme Court interprets amended Order 30 and meaning of 'completion of the pleadings'
  • Cyprus
  • 21 August 2018

The Supreme Court recently issued a judgment that interpreted the meaning of the term 'completion of the pleadings' as the start of the time limit for issuing an application for directions in accordance with Order 30 of the Civil Procedure Rules. The court noted that Order 30, Rule 1(c) provides no room for saving a claim if the relevant deadlines have expired. The court then considered the appellant's argument that the time limit had not begun with the completion of the pleadings between the plaintiff and the defendant.

Hong Kong

Contributed by RPC
Cross-border insolvency regime – past and future
  • Hong Kong
  • 21 August 2018

There are no statutory provisions empowering the Hong Kong courts to provide assistance and recognition to foreign insolvency office holders. The courts therefore rely on their inherent power (where appropriate) under the common law principle of modified universalism to provide such assistance. Although the application of this principle is not without its problems, the courts in recent years have shown some willingness to assist the effective implementation of cross-border insolvency and restructuring regimes.


Contributed by AKD The Netherlands
Supreme Court confirms right to limit liability
  • Netherlands
  • 21 August 2018

The Supreme Court has reconfirmed the right to limit liability under Dutch law, even in personal injury cases. It held that limitation as such is not a violation of the human right to protection of property under the First Protocol to the European Convention on Human Rights, and that it is nationally and internationally considered necessary that the liability of the carrier is limited or may be limited in the event of a passenger's death or personal injury.

United Kingdom

Contributed by RPC
Non-party access to documents on court file: normal service resumes
  • United Kingdom
  • 21 August 2018

A master's decision to allow a non-party to proceedings to access a wide range of documents in the proceedings was recently reviewed by the Court of Appeal. As well as providing useful guidance on how the court should deal with applications by non-parties for access to documents, this case is a reminder to parties to proceedings that they should be aware of the potential loss of confidentiality.