Analysis

Have we forgotten how to listen?

We shout a lot these days and we seem to have forgotten how to listen. Even if we are listening it is, more often than at any time in the history of mankind, within our own bubble as we plug in the earphones and pull up the audio drawbridge. There’s a lot of shouting on […]

Opinion

At least the competition lawyers have found a Brexit dividend

Given that we are apparently obliged to contemplate Brexit until the great trumpet sounds, let’s consider some of the consequences of the referendum that we’re seeing winding through the courts. There are three Brexit-related pieces of litigation in The Lawyer Top 20 Cases 2019. As noted in today’s cover feature. Brick Court barristers are on […]

Want some easy pickings in UK law? Insurance firms are juicy targets

Spare a thought for EC3. Clyde & Co and Kennedys may have expanded overseas, but you can’t buccaneer your way to domestic growth. One of the biggest questions facing insurance firms is how they can increase their share of a static market where panel reviews can determine major revenue streams. Virtually every senior figure predicts […]

Laptop

Hogan Lovells’ adult viewing moment: embarrassing on so many levels

Red faces aplenty at Hogan Lovells last week when a partner was filmed enjoying adult material on his work computer during daytime hours. But not just because a partner spent valuable fee-earning time accessing sexual content; as a policy issue, it has raised questions about why internet controls were not consistent across the firm’s global network.   Prior to the incident, Hogan Lovells’ internet controls varied across jurisdictions, […]

Latest briefings

Breach of fiduciary duties under an agency agreement: Appropriate remedy

By Pauline Cowie The High Court has confirmed that an account of profits cannot be relied upon by principals as a mechanism to recover remuneration from a commercial agent which has breached its fiduciary duties under an agency agreement in circumstances where it did not receive unauthorised benefits e.g. through bribery. Rather, the appropriate remedy is […]

Solar EPC guarantor liable for delay damages

By Marianne Anton The High Court enforced payment of liquidated damages for delay in the construction of five solar plants, deciding that they were not a penalty. It also permitted the recovery of general damages (in addition to delay damages) in respect of two of the five solar plants arising from the lower level of government […]

Contract interpretation: What does the futility principle involve?

By Stuart Campbell Does the ‘principle of futility’ exist? The Court of Appeal recently considered the expression to be misleading: the question for the court is not whether the principle exists, but what it involves. It reflects an approach to construction which recognises that in certain circumstances, a condition precedent may (in the light of subsequent […]

Litigation privilege: Particularly nuanced protection

By Gwendoline Davies Two recent cases which demonstrate that whether or not a party can withhold documents on the basis of litigation privilege remains a very nuanced question. The ability to withhold documents from disclosure to the court and/or other parties, without adverse inferences being drawn, is a fundamental and vital protection within the law of […]

When is a contractor a commercial agent? Businesses should look closer to home

By Nick Lees Businesses need to look closer to home than ever before to establish whether any of its contractors will be afforded the enhanced protection of the Commercial Agents Regulations. What do businesses need to know? It is important for businesses to understand whether or not independent contractors working for them fall within the definition […]

Not in dispute – Why Cayman leads in cross-border dispute resolution, and how the sector evolves

By Marc Kish, William Jones Each year, legal disputes over assets worth many billions of dollars worldwide are resolved in courtrooms and boardrooms in the Cayman Islands.  The jurisdiction has a reputation for dealing with complex financial services and commercial litigation based on the relevance of its legislation, the reliability of its court system, and the experience […]

Winning Chinese clients’ trust

By Marcus Leese, Wisdom Hon Trust law in China is rather different from that in common-law jurisdictions. A trust is not a turnkey product and is definitely not an off-the-shelf structure, and that is not an easy concept to understand, especially for Chinese clients who are used to civil-law concepts and reticent to cede control over their […]

Further developments in legal privilege: lessons for jersey

By Nick Williams, Rebecca McNulty, Tom Harbord Following the landmark English judgment in SFO v. ENRC [2018] EWCA Civ 2006 (as reported in our previous briefing), there have been two further significant judgments on litigation privilege. These will potentially be persuasive authorities in Jersey in this area, and should be noted by all litigants, including directors of trustees and […]

Private lives and public interest: An update from the Cayman Courts

When litigation looms large on the horizon, a party anticipating being caught up in court proceedings can be concerned to ensure that their personal affairs or other sensitive information will not be unnecessarily exposed. In that context, the need for privacy often goes well beyond a wish to avoid the intrusions of inquisitive third parties; […]

Bermuda public companies update – January 2019

By Graham B.R. Collis, David W.P. Cooke, Marcello Ausenda, Niel L. Jones The Bermuda Public Companies Update which features a recap of significant transactions involving Bermuda public companies listed on the NYSE and Nasdaq for the period of H2 2018. US IPO MARKET HITS 4-YEAR HIGH, DESPITE Q4 SLUMP Despite volatility, especially in Q4, the major US […]

Anti-money laundering audits required for securities investment business

By Maree Martin, Craig T. Fulton, Ruth Hatt Cayman financial services providers, including entities carrying on securities investment business(“SIB”) are required to comply with the Proceeds of Crime Law (2018 Revision). The Anti-Money Laundering Regulations (2018 Revision) (the “AMLRs”) and associated Guidance Notes on the Prevention and Detection of Money Laundering and Terrorist Financing in the Cayman […]

Data protection – Cayman Islands

By Maree Martin In June 2017, The Data Protection Law (the “DP Law”) was published in the Cayman Islands Official Gazette. The DP Law will be brought into force by Cabinet Order. It is expected that the DP Law will be brought into force in September 2019′.

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