In cross-border litigation the plaintiff must obtain the court’s permission to serve out of the jurisdiction by showing that its claim comes within one or more of the jurisdictional ‘gateways’ listed in [3.1] of Practice Direction 6B. The test which…
Mark GiddingsLord Denning in Lazarus Estates Ltd v Beasley [1956] 1 QB 702 famously said, “Fraud unravels everything. The court is careful not to find fraud unless it is distinctly pleaded and proved; but once it is proved, it vitiates judgments,…
Mark Giddings, Bimaya De Silva and Natasha Wilson-BeddoeThe Livent litigation, which has received significant attention in Canada and elsewhere, came to a close on 20 December 2017 when the Supreme Court of Canada handed down its decision in Deloitte & Touche v Livent Inc [2017] 2 SCR…
Andrew Tarnowskyj and Mark GiddingsForesters, a hitherto unsuccessful funeral products business, who had acquired the benefit of a profitable funeral products business by knowingly assisting two employees of a competitor to dishonestly breach their fiduciary duties, was required to disgorge the total capital value…
Kevin KeePatel v Mirza [2017] AC 467 was a pivot point for the illegality doctrine in English law. It represents an attempt to re-orient the law to enable the courts to discuss more transparently the policy factors undergirding their decisions and…
Kevin KeeIn Mighty River International Ltd v Hughes [2018] HCA 38, the High Court confirmed the validity of a deed of company arrangement (“deed”) binding a company and its creditors to an extension of the period of a voluntary administration while…
Mark GiddingsA Jersey trustee’s liability under an English law governed loan agreement was limited by Jersey trust law, the Privy Council has held. In doing so, the Privy Council laid down a general rule applying to foreign entities, including unincorporated entities. …
Kevin Kee and Andy LauIn the recent decision of Commonwealth of Australia v Byrnes and Hewitt [2018] VSCA 41 (Commonwealth v Byrnes), the Victorian Court of Appeal provided guidance on the contentious question of whether a corporate trustee’s right of indemnity from trust assets…
Kate McFarlaneThe history of the modern law of negligence has been shaped by competing impulses of unity and division. One court seeks to formulate general principles to identify whether a person owes a duty of care to another. Later courts reject…
Kevin KeeA court may make an order freezing a person’s assets even if that person is not a defendant to proceedings and even if the plaintiff has no cause of action against that person. Such an injunction is called a “Chabra”…
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