Asia Disputes Notes
Tag: uk court decisions
Showing 60 out of 67 results
Prophetable construction: English High Court upholds enforceability of a restrictive covenant despite obvious deficiencies in drafting
In Prophet plc v Huggett [2014] EWHC 615 (Ch) the Court took a highly flexible approach to the construction of a non-compete clause which, when …
UK Supreme Court considers mental capacity threshold for conducting legal proceedings
The UK's Supreme Court was recently asked in the case of Joanne Dunhill (by her litigation friend Paul Tasker) v Shaun Burgin to consider the test when …
Accidentally signed the wrong Will – can the Court fix it?
A husband and wife each accidentally signed Wills prepared for the other, due to an oversight on the part of their solicitor. Could a Court correct this …
Does mental illness mean that legally you lack mental capacity?
With its wealthy ageing population, Hong Kong is seeing an increasing number of issues arising from failing mental capacity. A recent case from …
Suspended prison sentence for husband's non-compliance of a court order to transfer Trust property to the wife
The past two or so years have seen a stream of litigation cases arising from divorces. Very often, the problems arise when one party to the divorce …
Injunctions and Trade Secrets
The English High Court recently considered the test to be applied when deciding whether to grant an interim injunction against a former employee to …
Gifts made in contemplation of death
Ordinarily, a Will would govern what happens to assets on a death. Donatio mortis causa is an exception to that rule, which provides a …
UK Court of Appeal allows private LIBOR claims to proceed
An issue which has in recent years been on the agenda of financial regulators globally is the potential manipulation or fixing of the London InterBank …
Time is money – limitation periods in the context of provision applications
In general, when someone dies their Will (assuming it is valid) is the final arbiter of where that person's money and other property go. However, …
Court takes strict line on solicitor's duty to follow client's instruction to draft will
A proposed beneficiary under a Will loses out because a solicitor fails to prepare that Will. Can that beneficiary make a claim against the …
Contract may be made in more than one country for purposes of establishing jurisdiction
The English High Court has held that a claimant had a good arguable case that a contract was made in both England and Texas and that this was sufficient …
UK Court of Appeal confirms the legality of basis clauses
In Genesis Housing Association Limited v Liberty Syndicate Management Limited and others [2013] EWCA Civ 1173 the Court of Appeal upheld the first …
Showing 60 out of 67 results
View more