We are seeing an increasing number of enquiries from lenders and their advisors in respect of the practicalities of enforcement by receivers of English security granted by overseas entities. Real estate property transactions...more
The English High Court held in Invest Bank PSC v El-Husseini [2023] EWHC 2302 that a foreign judgment with res judicata effect in its jurisdiction of origin can be enforced in England at common law even if it is unenforceable...more
In order for a foreign judgment to be enforced in the BVI, it must either be: (1) registered and recognised as enforceable under the Reciprocal Enforcement of Judgments Act 1922 (the “1922 Act); or (2) enforceable under the...more
More than a decade ago, I remarked on the ahistoricity of California's adoption of English common law despite the fact that it had never been a colony of England.* Yesterday, the California Court of Appeal applied English...more
A recent English law case has highlighted an issue relevant to those involved in Channel Islands-related insolvencies – and particularly to insolvency practitioners ("IPs") who take on appointments as administrators – about...more
Recent rule changes allow claimants full access to key English law mechanisms to discover the identity of defendants and location of assets, even where the wrongdoers and third parties are not based in England. This is highly...more
The Commercial Court of the Queen’s Bench Division of the High Court of Justice of England and Wales (Commercial Court) has granted an application for summary judgment on a claim to enforce in England a judgment of the DIFC...more
It is well established, under common law principles applicable in the Cayman Islands and the British Virgin Islands that claims for payment of foreign tax liabilities, or claims for the enforcement of foreign judgments for...more
Legal Interpretation and Construction - Clients frequently ask their attorney to tell them what the law says about a situation. They view the attorney as little more than a translator from legalese into English. However,...more
The Court of Appeal has examined when a common law nuisance can be said to be “continuing” and therefore qualify for a more generous application of the limitation rules. The judgment is of relevance to landowners, developers,...more
Brexit has well and truly arrived, and while the trade agreement that was reached on Christmas Eve 2020 is undoubtedly a very significant development in terms of the future relationship between the United Kingdom and European...more
English law, courts and arbitral tribunals may become more relevant and popular after Brexit, not less. Introduction - English law, courts, and arbitral tribunals may become more relevant and popular after Brexit, not...more
“It has no soul to be damned and no body to be kicked”. How, then, can a company be held criminally liable? Various jurisdictions have grappled with this question and recent developments in the UK have increased the...more
The Situation: Protecting intangible property can be extremely challenging, but significant and effective tools are available under English law to minimize significant harm to entities that have been victimized by a data...more
Last month a court in Dortmund heard arguments in Jabir and others v. KiK Textilien und Non-Food GmbH. It is a case brought against a German retailer, under English law principles of tort in relation to a fire at the factory...more
In a recent cross-border insolvency case, In re Agrokor d.d., 591 B.R. 163 (Bankr. S.D.N.Y. 2018), Judge Glenn of the United States Bankruptcy Court for the Southern District of New York recognized and enforced a...more
Some have expressed concern that Brexit will reduce the use of English law derivatives documentation. Any such concern is in our view unfounded, as this note explains....more
Although there remains no widely accepted definition of good faith under English law, and English law has committed itself to no overriding principle of good faith, English law has developed piecemeal solutions in response to...more
What is forum non-conveniens? According to the principle of “forum non-conveniens” (or inconvenient forum), a court has the power to dismiss a civil action where an appropriate and more convenient alternative forum exists. ...more
In a judgment that many commentators are calling the most significant in employment law in over 50 years, on July 25, 2017, the United Kingdom’s Supreme Court decided that the system whereby employees must pay fees to bring...more
Where parties to a contract choose English law to govern that contract, there are few rules that allow a foreign law to intervene. The recent decision of the Court of Appeal in Dexia Crediop SpA v Comune di Prato [2017] EWCA...more
The public trust doctrine is the principle that certain natural and cultural assets are preserved for public use and that it is the government’s obligation to protect and regulate these, both now and for future generations....more
On 8 May 2017 the High Court in London applied a strict approach to litigation privilege in the context of self-reporting investigations. It is the first case in which a court has considered whether litigation privilege is...more
The Court of Appeal has upheld the validity of Banco de Portugal’s exercise of its resolution powers, overturning last year’s decision of the High Court - The Facts - Readers familiar with this case will recall that...more
The UK referendum result in June 2016, which saw the majority of the electorate vote to leave the European Union (EU), has presented many questions about the future legal implications of a Brexit. While individual legislative...more