Litigation updates

Hong Kong

Contributed by RPC
Settlement 'solutions' looking for problems?
  • Hong Kong
  • 27 October 2020

The judiciary in Hong Kong recently published a Guidance Note for Case Settlement Conference in Civil Cases in the District Court. The guidance note extends a pilot scheme for facilitating settlement in general civil cases in the District Court. While facilitating the settlement of certain civil disputes is a laudable aim and part of the underlying objectives in the court rules, the guidance note appears to raise more questions than it answers.


Jersey

Royal Court demonstrates its ability to assist in administration of foreign trusts
Ogier
  • Jersey
  • 27 October 2020

In a recent decision, the Royal Court considered – for the first time – whether it can exercise a foreign statutory power on the application of a trustee of a foreign trust. The court concluded that it can do so as a matter of principle and went on to exercise an English statutory power so as to permit the trustees of a trust governed by English law to self-deal. The judgment is a welcome one for trustees in two particular respects.


Maldives

Contributed by Mazlan & Murad Law Associates
Precedential decision: Supreme Court rules on enforcement of foreign judgments
  • Maldives
  • 27 October 2020

The Supreme Court recently ruled that parties seeking to apply foreign law to a matter in the Maldivian courts have the burden of proving the foreign law to the court. Where a party fails to prove the foreign law, the judge may apply Maldivian law. In light of this, foreign court judgments can be submitted to the Maldivian courts as evidence. Further, a local court decision will be required to enforce a foreign judgment in the Maldives.


Turkey

Contributed by Gün + Partners
Will COVID-19 skyrocket remote hearings?
  • Turkey
  • 27 October 2020

Law 7251 recently entered into force, allowing the courts to conduct remote hearings through video and audio transmission either upon the parties' request or ex officio under certain circumstances. Although remote hearings are not new to Turkish law, allowing more space for such practices is significant given the COVID-19 pandemic. However, this practice is available only in certain courts and more widespread use may create capacity problems for the existing judiciary infrastructure.


United Kingdom

Contributed by RPC
To MAE or not to MAE? Court delivers preliminary issues judgment in first COVID-19 MAE case
  • United Kingdom
  • 27 October 2020

In a recent decision, the head of the Commercial Court provided topical guidance on the construction and application of material adverse effect clauses in the context of the COVID-19 pandemic. The judgment highlights the significance of the precise words used and the importance of ensuring, insofar as possible, that they properly reflect the intended allocation of risk between the parties.


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