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Tag Archives: civil law

A New Global Regime for Cross-Border Enforcement of Civil and Commercial Judgments

The 2019 Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters offers certainty in cross-border enforcement of judgments. By Robert Price and Isuru Devendra On 2 July 2019, the Hague Conference on Private International Law adopted the 2019 Convention on the Recognition and Enforcement of Foreign Judgments in Civil or … Continue Reading

UK To Provide Compensation for Overseas Victims of Economic Crimes

A new UK policy establishes a commitment to providing victims of overseas bribery with compensation; however, important questions remain that will impact implementation. By Stuart Alford QC, Nathan H. Seltzer, Joseph M. Bargnesi, Laila Hamzi, Clare Nida, and Christopher M. Ting The UK’s Serious Fraud Office (SFO), the Crown Prosecution Service (CPS) and the National … Continue Reading

English High Court Applies New “Range of Factors” Test to Defence of Illegality

New “range of factors” test suggests broad use in future civil matters and fairer, more nuanced outcomes. By Daniel Smith and Alanna Andrew The High Court has applied the new fact-sensitive “range of factors” test in Harb v Aziz[i] to determine whether a defendant to a civil claim can rely on the claimant’s wrongdoing to … Continue Reading

UK Supreme Court Redefines Criminal Dishonesty Test

By Stuart Alford QC, Daniel Smith and Clare Nida The UK Supreme Court has unanimously ruled that the criminal dishonesty test in R v Ghosh is wrong and that courts should no longer follow this test. The recent decision in Ivey v Genting Casinos clarifies that the test for dishonesty in all proceedings (criminal and … Continue Reading
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