Latest Briefings

EU-US Privacy Shield for data transfers ruled as invalid

The Office of the Data Protection Authority in Guernsey (ODPA) has warned companies in the Bailiwick to be aware of the recent Court of Justice of the European Union (CJEU) judgment which affects all businesses who transfer personal data outside of the Bailiwick and the European Union (EU).

Recognition and Assistance for PRC Insolvency in Hong Kong

Synopsis A recent case in Hong Kong, has demonstrated both the ability and willingness of common law courts to recognise insolvency appointments made by the courts of the People’s Republic of China (‘PRC’), and to grant appropriate assistance at common law. It is to be hoped that this proven track record will pave the way for easier recognition of common law court appointed liquidators in PRC, where, unlike in common law countries, such recognition is subject to the principle of reciprocity.

New LCIA Arbitration Rules: In force on 1 October 2020

The London Court of International Arbitration (LCIA) recently released its updated arbitration rules (the “2020 Rules”) which will come into force from 1 October 2020 and will apply to any arbitration commenced under the auspices of the LCIA on or after this date. The 2020 Rules, in the LCIA’s own words, aim to make the arbitral processes “even more streamlined and clear” for arbitrators and parties alike. We summarise nine key changes and one omission.

Recommended

Borrie & Lowe – The Law of Contempt (3rd Edition, 1996) Butterworths £125

In the 12 years since the 2nd Edition of Borrie & Lowe was published, the law of contempt has become increasingly complex, with no fewer than nine cases concerned with contempt having proceeded to the House of Lords. The 3rd Edition deals comprehensively with these recent cases, including extensive analysis of the Spycatcher and Lonhro […]

Litigation Recent Decisions 07/01/97

Unfair trial where defendant is forced to incriminate himself Ernest Saunders v The United Kingdom, Application No 19187/91 (1994) Court: ECHR (R Bernhardt, President and Judges Thor Vilhjalmsson, F Golcuklu, L-E Pettiti, B Walsh, A Spielmann, J De Meyer, N Valticos, SK Martens, E Palm, R Pekkanen, AN Loizou, JM Morenilla, Sir John Freeland, L […]

The Sanctuary House Case: an arbitration workbook, D Mark Cato, LLP £125

At a crucial stage in one of PG Wodehouse’s greatest works, Jeeves attempts to comfort Bertie Wooster, who is about to embark on a perilous cycle ride, with a story about two men called Nicholls and Jackson, whose tandem collided with a brewer’s van. The collision was so violent that their corpses could not be […]

Fishing dispute enters stormy waters

The international fishing rights war is scheduled to move into the High Court this summer. The timetable has been drawn up for a major legal battle to take place over a multi-million pound compensation claim by Spanish fishermen. The fishermen have already won a ruling from the European Court of Justice that they were unlawfully […]

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