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Salaries Tax Alert: Decision of the Court of First Instance in Dr Leung Ka-Lau v CIR [2021] HKCFI 1117
Deacons, May 2021

Factual background The taxpayer, Dr Leung, was a medical doctor employed by the Hospital Authority (“HA”). Part of the conditions of his employment was that he was required to be ‘on call’ on certain days including Sundays and public holidays. When ‘on call’, he was obligated, among other things, to be within the physical proximity of the hospital, to be ready to render medical services if the need arose, and to abstain from drinking alcohol...

Shearn Delamore & Co. Legal Updates April 2021
Shearn Delamore & Co., May 2021

Dispute ResolutionThreshold to Commence Winding Up Proceedings RaisedBy the Federal Government Gazette Notification No. 4159 dated 22 March 2021, the amount of indebtedness required to commence winding up proceedings under section 466(1)(a) has been fixed at RM50,000.00 with effect from 1 April 2021.This means that a creditor may only commence winding-up proceedings against a debtor company where the debtor company has failed to satisfy a debt owed to the creditor exceeding RM50,000...

Adjudication: Is the “Multiple Dispute” Challenge a Thing of the Past?
Shoosmiths LLP, May 2021

For some years, contractors and subcontractors have been using an effective tactic in adjudication. That is to pick off discrete elements of a large time or money claim and to obtain a series of favourable declarations in adjudications on those elements. The declarations can then be used as a bargaining tool to leverage a settlement of the full claim. Or they can be converted into payment orders by way of a further adjudication...

Fault-Based Liability Ruled a Requirement for Enterprise Penalty
Simonsen Vogt Wiig AS, May 2021

General about enterprise penalty In relation to the previous section on enterprise penalty as enshrined in section 48a of the 1902 Penal Code, discussion were had as to whether there was a requirement of Fault-based liability in the provision. In the preparatory work on section 27 of the new Penal Code, this was discussed in depth, after which it in Ot.prp. no. 27, 90 (2003-2004) s. 242 was clearly stated that the new provision should not have such a requirement...

District Court Finds DOJ ‘Falls Short’ of Showing Good Cause for Late FCA Intervention
Dinsmore & Shohl LLP, May 2021

The Department of Justice (DOJ) suffered an unusual defeat when its motion for late intervention in a False Claims Act (FCA)[1] qui tam case, United States ex rel. Odom v. Southeast Eye Specialists, PLLC,[2] was rebuffed by the Middle District of Tennessee, rejecting the magistrate judge’s recommendations...

Partial Success for Reinsurers as Court Respects Conflicting Jurisdiction Clauses
Shoosmiths LLP, May 2021

The recent anti-suit injunction decision in Axis v Absa Group demonstrates the importance of considering the practical effect of jurisdiction clauses when a suite of contracts or (re)insurance policies are entered into...

Quarterly Case Law Update: April 2021
Shoosmiths LLP, April 2021

In our second quarterly case law update for 2021, we take a look at some of the key cases published since the start of the year and consider the lessons we can learn from them.   Disability discrimination In Elliot v Dorset County Council, the Employment Appeal Tribunal (EAT) has recently allowed an appeal against an Employment Tribunal’s finding that a claimant was not disabled...

Disability Discrimination
Shoosmiths LLP, April 2021

In Elliot v Dorset County Council, the Employment Appeal Tribunal (EAT) has recently allowed an appeal against an Employment Tribunal’s finding that a claimant was not disabled. The EAT held that the Tribunal had failed to adopt the correct approach when determining whether the claimant had a disability according to the statutory definition of disability in section 6 of the Equality Act 2010...

Court of Appeal Issues First Published Opinion Interpreting California Senate Bill 35 Streamlining Provisions
Hanson Bridgett LLP, April 2021

Key Points The California Court of Appeal has issued the first published opinion interpreting California Senate Bill 35's (SB 35) new laws that streamline the approval of much-needed housing projects. Under SB 35, qualifying housing projects are eligible for ministerial review, which can reduce entitlement processing times by months if not years. In Ruegg & Ellsworth v. City of Berkeley (Cal. Ct. App., April 20, 2021, No...

Rules on Accrual of Holiday Clarified
Shoosmiths LLP, April 2021

There have been a number of significant rulings on the topic of holiday pay over recent years and Smith v Pimlico Plumbings Ltd is the newest addition. Before we look at Smith, it is useful to understand how this area of law has developed over time...

Demarcating The Bank’s Duty In Investment Scams
Shearn Delamore & Co., April 2021

Scams are common these days. Hence, the regulatory bodies, financial institutions and news media often warn the public to exercise due diligence before making any investments with promises of high-profit returns...

Another Step in the Right Direction – The Dubai Court Introduces the Concept of a Pre-Trial Conference
Afridi & Angell, April 2021

The past couple of years have seen significant changes in litigation in the UAE Courts. On 31 March 2021, in what appears to be yet another move to modernize litigation in Dubai, the President of the Dubai Court of First Instance issued Circular No. 2 of 2021 (the Circular). The Circular introduces the concept of a ‘pre-trial conference’ into litigation in the Dubai Courts...

Kochhar & Co. IP Practice Group Shares a Snapshot of Some of the Recent Landmark Judgments and Legislative Updates in the Indian IP Landscape
Kochhar & Co. Advocates & Legal Consultants, April 2021

JURISPRUDENCE Amazon Seller Services Pvt. Ltd. & Ors. v. Amway India Enterprises Pvt. Ltd. & Ors. (Delhi High Court)1  The Division Bench of the Delhi High Court reversed the prior order which had restrained various e-commerce platforms like Amazon, Flipkart and Snapdeal - from enabling sale of products of 'direct selling' companies without their consent. The Court held that the Direct Selling Guidelines of 2016 are not the law and are only advisory in nature...

Reimbursement Clause for Extrajudicial Fees by a Surety: Valid or Invalid?
Lavery Lawyers, April 2021

On April 6, 2021, the Court of Appeal, per Justice Mark Schrager, rendered an interesting decision in Bank of Nova Scotia c. Davidovit (2021 QCCA 551). The Bank of Nova Scotia (the “Bank”) had granted a commercial loan to a company, of which Aaron Davidovit (“Davidovit” or the “Surety”) was the principal, for the operation of a gym...

Assignor Estoppel: Soil of the Common Law or a Strange State of Affairs?
Dinsmore & Shohl LLP, April 2021

On April 21, 2021, the Supreme Court of the United States heard oral arguments in Minerva Surgical, Inc., v. Hologic, Inc., et al., Case No. 20-440, concerning whether to limit, abolish, or uphold the doctrine of assignor estoppel. The doctrine of assignor estoppel, generally stated, prevents an inventor who assigns his patent from later challenging its validity...

United States Supreme Court Finds Google’s Use of Oracle’s Software Was Fair Use
Dinsmore & Shohl LLP, April 2021

After spending over 10 years in court, the Google vs. Oracle copyright saga has finally come to an end. The U.S. Supreme Court, ruling 6-2 in Google’s favor, found that when Google used pieces of Java software developed by Oracle to build the Android operating system, it was within the parameters of the fair use doctrine that permits the unlicensed use of copyright-protected works in certain circumstances...

First Florida Climate Change Suit May Be Just The Beginning
Bradley Arant Boult Cummings LLP, April 2021

For most of the last decade, creative plaintiffs attorneys and their clients — states, municipalities and environmental groups — have pushed novel, untested tort theories designed to hold energy companies, and sometimes, those same state and municipal interests, liable for climate change. Plaintiffs have concentrated their efforts in West Coast forums. But New York and Baltimore saw some action too. Florida, by and large, has avoided the fray. No longer...

Shearn Delamore & Co. Newsletter March Issue 2021
Shearn Delamore & Co., April 2021

Dear valued clients, colleagues and friends, We are pleased to bring you the March 2021 issue of our quarterly Newsletter, we hope that you will continue to find its contents of value to you. Real Estate PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah: Calculation of Liquidated Agreed Damages commences from the Date of Payment of Booking Fee A case note by Alexis Yong Mey Ling … read more...

To Be is Not to Be: Remedies for Erroneously Drafted Written Instruments
Lawson Lundell LLP, April 2021

What options does one have when they discover that a term in a previously executed contract or written instrument was worded poorly, or incorrectly drafted? Generally, parties in this scenario may seek the remedy of rectification, which gives a court the equitable jurisdiction to rectify or correct the document so that it accords with the parties’ true agreement...

Li Yiqing v Lamtex Holdings – A Shift of Emphasis in Relation to the Hong Kong Court’s Recognition of Foreign Insolvency Proceedings
Deacons, April 2021

The recent Court of First Instance decision in Li Yiqing v Lamtex Holdings Limited [2021] HKCFI 622 (11 March 2021) is a landmark decision in cross-border insolvency law in Hong Kong, in which the Court held that when it is considering the recognition of foreign insolvency proceedings, regard should not simply be had to the place of incorporation of the relevant company, but that in a departure from previous practice, the location of the company’s centre of main interest (COMI) is

Banks Not Required to Act as Detectives or Fraud Detectors
Deacons, April 2021

There has been an increasing number of fraud cases, in particular cyber fraud cases, around the world. Some victims of fraud have sought redress from banks for failing to detect the fraud and refrain from processing their instructions by relying on the Quincecare duty (i.e...

Arbitral Award Against a Wrong Party Set Aside
Deacons, April 2021

In the recent case of AB V CD, HCCT 27/2020, 18 February 2021the Court granted the application of AB Engineering, to set aside a HKIAC arbitral award made against it in Hong Kong, finding that it was not a party to the relevant agreement containing the arbitration clause (Agreement)...

Loss of Personal Information: The Superior Court Dismisses a Class Action
Lavery Lawyers, April 2021

On March 26, 2021, the Superior Court rendered a decision dismissing a class action against the Investment Industry Regulatory Organization of Canada (“IIROC”) on the loss of personal information of thousands of Canadian investors.1 The lack of evidence of compensable injury and IIROC’s diligent behaviour are the main reasons for the dismissal of the class action. The Facts On February 22, 2013, an inspector working for IIROC forgot his laptop computer in a public place...

Gig Employer Hit with Background Check Class Action
Hunton Andrews Kurth LLP, April 2021

Uber Technologies, Inc. has been sued in a class action lawsuit alleging the company’s use of criminal background checks discriminates against Black and Latinx drivers. The complaint, filed in the U.S. District Court for the Southern District of New York on April 8, challenges Uber’s “unlawful use of criminal history to discriminate against its drivers in New York City as well as its brazen noncompliance with human rights and fair credit laws...

When can a Bank Reverse a Credit Transfer without Customer Consent?
ENSafrica, April 2021

The South African Supreme Court of Appeal (“SCA”) recently delivered judgment in the matter of FirstRand Bank Limited v The Spar Group Limited. The SCA held that: A customer with no entitlement to money deposited into its account and who knows that it enjoys no such entitlement, may not pay out money against the credit to the account. Doing so amounts to theft...



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