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Latest Briefings

A borrower can now challenge symbolic possession under the Sarfaesi Act

The Hon’ble Supreme Court (SC), in its recent decision in the matter of M/s Hindon Forge Pvt. Ltd. & Anr. v State of Uttar Pradesh [(Civil Appeal No 10873 of 2018 along with Civil Appeal No 10874 of 2018)] (Appeals) held that a borrower can prefer an application under Section 17 (1) of the Securitization […]

New law on validity of wills in Cayman

By Anthony Partridge, Fraser Allister The Cayman Islands’ Formal Validity of Wills (Persons Dying Abroad) Law, 2018 came into effect on 1 February 2019. The law is important to people who own shares in Cayman Islands companies or have interests in Cayman Islands investment funds for example, and offers far greater flexibility for international clients who wish […]

Brexit worries drain confidence in EU reference procedure

In a legal first, Brexit prevents High Court from clarifying if it has jurisdiction in a human rights claim against the EU. The Kosovo victims of serious human rights abuses from two decades ago bring damages claims against the EU. On 13 February 2019 the High Court in the case of Tomanovic v EU [2019] […]

Litigation funding 2019 – United Arab Emirates

By James Foster, Courtney Rothery We have authored the inaugural UAE chapter in the annual Guide to Litigation Funding published by Law Business Research (part of the “Getting the Deal Through” series). This is the third edition of the global survey of the law and practice of litigation funding. With the third-party funding of litigation and arbitration […]

The Bluberi CCAA proceedings: litigation funding in insolvency

By Patrice Benoit, Geneviève Cloutier On February 4, 2019, the Court of Appeal of Quebec released its decision in the matter of Callidus Capital Corporation and al. v. 9354-9186 Québec Inc. (formerly Bluberi Gaming Technologies Inc.).  With the increase in third party litigation funding, we are now seeing it being used in the insolvency context and the Court of […]

Recommended

DCA targets legal aid in asylum cases with new consultation

The Department of Constitutional Affairs (DCA) is launching a six-week consultation into proposed new legal aid arrangements for asylum seekers. Under a new appeals system coming into force in April next year, asylum seekers will be able to challenge decisions of the Asylum & Immigration Tribunal (AIT) in the High Court if they believe an […]

Weber adds name to list of Linklaters corporate departures

The exodus of Linklaters corporate partners is continuing following the departure of Rupert Weber. Weber, who has been a partner since 1998, is leaving Linklaters to join Maitland & Co’s corporate team as a director, based in London. He is the third corporate partner to leave the magic circle firm since it announced a reorgnisation […]

CCBE attacks EU money laundering directive

The Council of Bars and Law Societies of the European Union (CCBE) is calling for the requirement that lawyers report money laundering suspicions to be removed from a European directive. In the CCBE submission on the third money laundering directive, released today (November 9) the council says: “The requirements on a lawyer to report suspicions […]

Herbert Smith scoops Deutsche securitisation

Herbert Smith has landed its first securitisation for Deu-tsche Bank after triumphing in a competitive tender. The firm nudged out Deutsche’s regular advisers on securitisations – understood to include Clifford Chance and Linklaters – to act for Deutsche and JPMorgan Securities as lead managers on the issue of £1bn of notes by Paragon Mortgages. As […]

Separated at birth

“He’s a quirky little man, but I’ve grown to like him very much.” Now, does this refer to Herbert Smith’s new senior partner, litigation legend David Gold, or the idiosyncratic and inquisitive Belgian detective Hercule Poirot? Tulkinghorn for one can’t tell them apart. Exercising those little grey cells will be all the more important now […]

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