Member Articles

On 18 January 2019, the Supreme People's Court and the Department of Justice of the Government of the Hong Kong Special Administrative Region jointly signed theArrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters between the Courts of the Mainland and of the Hong Kong Special Administrative Region(the "New Arrangement"). In Hong Kong, the New Arrangement was meant to be implemented via local legislation ...

Many charities occupy property, whether as offices, shops or for other charitable purposes from hospices to food banks ...

Article 319(1) of the UAE Civil Procedure Law authorises an execution judge to imprison a debtor who fails to satisfy a judgment debt, unless the debtor is able to prove that he is insolvent.   Although the text of Article 319(1) places the burden of proving insolvency on the judgment debtor, this appears to have been reversed following a decision of the General Assembly of the Dubai Court of Cassation issued in October 2023 ...

Introduction Musical works created or produced by musicians are largely protected by copyright. This basically refers to the exclusive control that is given to the creator of a particular piece of work for a specific amount of time ...

A REVIEW OF THE EVIDENCE (AMENDMENT) ACT 2023 INTRODUCTION The Evidence Act (Amendment) Act 2023 (the Amended Act) was signed into Law by President Bola Ahmed Tinubu on the 12th day of June 2023. The Amended Act was aimed at amending the provisions of the Evidence Act 2011 (the Principal Act) to be in conformity with global technological advancements in evidence taking and its applicability covers all judicial proceedings before Courts in Nigeria ...

The timing of challenges to an expert witness’s evidence has been considered in the Supreme Court case of Tui Ltd v Griffiths [2023] UKSC 48, with judgment handed down on 29 November 2023. Although the case emanated from a holiday claim in the County Court, this Supreme Court decision is of significance to all cases where parties seek to rely on evidence from experts or witnesses of fact ...

The UAE’s arbitration landscape continues to evolve and, as 2023 draws to a close, we summarise some of the more significant judgments issued by the UAE on-shore Courts in relation to arbitration this year. While the trend of the judgments reinforces the ‘arbitration-friendly’ approach of the UAE Courts of late, 2023 has not been without its outlier cases ...

The Haryana State Employment of Local Candidates Act, 2020 (“Act”) was enacted to encourage private employers in Haryana to boost local employment. The Act was called upon for application from January 15, 2022, for a period of 10 years. The constitutionality of the Act was challenged in multiple writ petitions before the Punjab & Haryana High Court (“Court”). The Court stayed the implementation of the Act on February 3, 2022 ...

The Environment Agency has been found in breach of the Regulators’ Code by failing to provide a proper appeal mechanism for challenging Compliance Assessment Reports. It must now decide how to provide permit holders with a new appeal mechanism ...

The much-anticipated judgment in the Court of Appeal case of Churchill v Merthr Tydfil County Borough Council [2023] EWCA Civ 1416 has now been handed down. The case concerns a claimant that alleges the Council allowed Japanese knotweed to spread from its land onto the claimant’s private property ...

A judgment has been handed down in the Supreme Court case of Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47. The case considered whether the court had the jurisdiction to make injunctions against not only ‘persons unknown’, but also against unidentified and unknown persons that have not yet performed, or even threatened to perform, the acts which the injunction prohibits. Such persons are known as “newcomers” ...

Episode 7 of the Journey Through a Contract series highlights the key considerations when a business is entering into a contract with a consumer. Felicity Forward, Ayesha Chandegra and Joel Murphie provide guidance on how to identify a consumer contract, what additional protections consumers have and how the law is set to enhance consumer rights through the Digital Markets, Competition and Consumers Bill.    Listen to the podcast and send us your feedback to [email protected] ...

For the first time, the CJEU has been askedto clarifythetemporal applicabilityofthe right to“appropriate and proportionate remuneration” laid down inArticle 18 ofDirective (EU) 2019/790 on copyright and related rights in the Digital Single Market(“DSMDirective”) ...

Content Legal and enforcement framework Definitions Virtual currencies market Crossover with banking Technology Data security and cybersecurity Financial crime Consumer protection Competition Taxation Trends and predictions Tips and traps Legal and enforcement framework In broad terms, which legislative and regulatory provisions govern virtual currencies in your jurisdiction? Bermuda has a digital asset sector with a specific legal and regulatory regime that governs both the i

India, being a common law country, enjoys certain privileges when it comes to Trademark Law. In addition to priority rights for “first to use”, and the remedy of “passing off’’ for unregistered marks, there exists another age-old common-law right, not typically considered in global strategy - the transborder reputation of an extra territorial trademark ...

The Seventh Circuit issued the third in a trilogy of opinions in October establishing the metes and bounds for criminal prosecutions of “spoofing”—a form of market manipulation, mostly in the commodities markets—that Congress expressly prohibited in the 2010 Dodd-Frank Act. The decisions create a roadmap for government enforcers to bring more cases ...

  Are you a recruiter? Do you engage employees to temporarily send them to work at a user undertaking? Do you engage employees to provide contracting services to your clients? As from the 1st April of next year, the Employment Agencies Regulations will come into force, establishing a new regime for these operators, now termed as ‘employment agencies’ ...

Workplace Christmas parties are just around the corner. While such celebrations are a great opportunity to strengthen team spirit and acknowledge everyone?s hard work, it is important to remember that it is not only up to employers to make sure they run smoothly?their entire workforces, managers and employees alike, are also responsible. Just think of potential situations of harassment where alcohol and fun times are combined ...

In the New Year, the United States Supreme Court is expected to hear arguments over the damages a plaintiff can recover in a copyright infringement lawsuit. The Supreme Court will consider the question of whether damages are limited only to the three-year period before the plaintiffs filed suit, or whether they can be retrospectively awarded for a longer period, as long as the plaintiffs filed within three years of discovering the infringement. In Warner Chappell Music Inc. v ...