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Disclosure orders against banks' overseas branches

In <i>A1 v R1</i> a novel point appears to have arisen as to whether the High Court could grant <i>Norwich Pharmacal</i> relief in relation to the disclosure of documents and information concerning a bank account held not in Hong Kong but with the overseas branch of a Hong Kong bank. The Court of First Instance decided that it did have such power and, in doing so, reviewed the usual procedures for the grant of <i>Norwich Pharmacal</i> orders against a bank and...
Hong Kong Cayman Islands Bernard Lukat Hong Kong Monetary Authority High Court Norwich Pharmacal

Aviation 2020: year in review

In 2020 the Civil Aviation Authority Bahamas (CAAB) made several important advances despite the COVID-19 pandemic, including: restoring and boosting air travel to, from and within The Bahamas – efforts which are ongoing; presenting three pieces of legislation to Parliament; and addressing other ongoing challenges. Air travel protocols The Bahamas Travel Health Visa website updates users on the protocols to follow when travelling to and from The Bahamas in light of the Emergency Powers (COVID-...
Navigation Services Authority Bahamas Travel Health Visa Civil Aviation Authority Bahamas International Civil Aviation Organisation Ministry Of Tourism Aviation Administration

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Short-form mergers: Changyou.com judgment confirms appraisal rights

The Grand Court has confirmed that shareholders of companies that effect a short-form merger pursuant to Section 233(7) of Part XVI of the Companies Act (2021 Revision) are entitled to be paid the fair value of their shares on dissenting from the merger under Section 238 of the act. The eagerly awaited judgment in <I>Changyou.com</i> clarifies an issue which was previously the subject of extensive debate and provides welcome certainty to minority shareholders of Cayman companies.
Grand Cayman Cayman Islands Farrah Sbaitiat Ogier Exchange Commission Court Under Section Grand Court

Expansion of premises liability for construction owners

A property owner is generally liable for hazards on the property that injure others. On construction projects, this presents a significant risk for owners because there are always multiple hazards present, and the owner, generally, has very little control or knowledge of all the work being performed. Chapter 95 of the Texas Civil Practice and Remedies Code alleviates some of this risk by limiting a commercial property owners liability for personal injury claims by contractors and subcontractors...
United States South Padre Island Alfredo Teran Juang Valdez Los Compadres Pescadores Texas Supreme Court

Supreme People's Court promulgates opinions on copyright

Soon after the recent adoption of the third amendment to the Copyright Law, the Supreme People's Court promulgated the Opinions on Strengthening the Protection of Copyright and Copyright-Related Rights. The opinions aim to encourage the development of emerging industries and improve the quality and efficiency of copyright trials.
Supreme People Court Supreme People Big Data Law Firms Law Updates Legal Updates

No more chasing rainbows: advantages of black and white when filing Canadian trademark applications

Some foreign brand owners may be surprised to learn that in Canada, when seeking to protect design (or figurative) marks, it is sometimes better to register marks in black and white in cases where the marks would normally be displayed in colour. Moreover, broader protection can typically be secured in Canada by registering design (or figurative) marks in black and white as opposed to including a colour claim.
Law Firms Law Updates Legal Updates Legal Developments Law Developments Legal Newsletters

Supreme Court: mere retention of property does not violate automatic stay

On January 14, 2021, the U.S. Supreme Court held in City of Chicago v. Fulton, 592 U.S. __ (2021), that a creditor in possession of a debtors property does not violate the automatic stay, specifically section 362(a)(3) of the Bankruptcy Code, by retaining the property after the filing of a bankruptcy petition. The Courts decision provides important guidance to bankruptcy courts, practitioners, and parties on the scope of the automatic stays requirements. Fulton arose from four separate bankrup...
Justice Sotomayor Justice Alito Us Supreme Court Bankruptcy Code Seventh Circuit Law Firms

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