Disputas

Artículos Recientes

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  17/04/2024

  United Kingdom

  APP fraud – Quincecare duty claims against banks replaced by new “retrieval duty” claims

  The recent decision in CCP Graduate School Ltd v National Westminster Bank plc and another [2024] EWHC 581 (KB), demonstrates how Claimants are repositioning claims against banks arising from authorised push payment (APP) fraud from breach of Quincecare duty claims to so-called “retrieval duty” claims.To date, the Courts have been reluctant to strike out such claims on a summary basis allowing them to proceed to trial. It is therefore likely that claimants will continue to frame claims against banks on this basis until the Courts determine the substantive merits of such claims.APP fraud...

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  15/04/2024

  United Kingdom

  Fundamentally dishonest claimant’s claim dismissed: s.57 of the Criminal Justice & Courts Act 2015 in action

  In Kirsty Williams- Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB), a claimant who had sustained serious injuries following her fall from a pier in 2018 had her claim dismissed because the judge, applying s.57 of the Criminal Justice & Courts Act 2015, concluded that she had been fundamentally dishonest and that dismissing her claim would not cause “substantial injustice”.The claimant was found to have lied, seriously and repeatedly, in relation to her ongoing condition, and to have been wholly unrepentant when giving evidence. Her dishonesty was unravelled,...

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  12/04/2024

  International

  Oil & Gas: English court restrains foreign JOA proceedings in breach of arbitration provision

  In The Shell Petroleum Development Company of Nigeria Limited v Sunlink Energies and Resources Limited [2023] EWHC 3135 (Comm), the English Commercial Court demonstrated its willingness to ensure that a joint operating agreement’s arbitration provisions were preserved, and backed by real action by the court for a party seeking to circumvent them.BackgroundThe claimant, Shell Petroleum Development Company of Nigeria Limited (“SPDC”), and the defendant, Sunlink Energies and Resources Limited (“Sunlink”), were parties to a 2005 Joint Operating Agreement (the “JOA”)...

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  10/04/2024

  Suiza

  Federal Council issues preliminary draft of new Administrative Criminal Law Act

  On 31 January 2024, the Swiss Federal Council suggested a total revision of the Administrative Criminal Law Act of 22 March 1974 (ACLA) and issued a preliminary draft including an explanatory report.According to the Federal Council's explanatory report, the total revision of the ACLA will strengthen the rights of the accused. In addition, the ACLA’s procedural rules will be more efficient and modern by aligning with ordinary criminal procedural law as set out in the Swiss Criminal Procedure Code (CrimPC). The provisions of the ACLA, however, will not be incorporated into CrimPC or the Swiss...

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  08/04/2024

  Ukraine

  Ukraine discontinues War and Sanctions Portal

  Following a governmental discussion on 19 March 2024, the Ukrainian government announced its decision to shut down a sanctions-related database maintained by the National Agency on Corruption Prevention (NACP).This database, the “War & Sanction Portal”, was created in the first days of Russia's full-scale invasion of Ukraine as part of the implementation of the sanctions plan against Russia (i.e. the Individual Sanctions Roadmap) of the Yermak-McFaul Sanctions Group.Starting with the "International Sponsors of War" section, the Portal was expanded to include additional segments...

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  04/04/2024

  England and Wales

  Supreme Court ruling on the correct approach for assessing PSLA in “mixed injury” claims

  In a judgment welcomed by claimants, the Supreme Court has upheld the Court of Appeal’s decision in the case of Hassam & Anor v Rabot & Anor [2023] EWCA Civ 19 in respect of the correct approach to take when assessing damages in mixed injury cases.Mixed injury cases are those where a claimant suffers a whiplash injury which falls within the scope of the fixed tariff system contained within the Whiplash Injury Regulations 2021 (made under the Civil Liability Act 2018) but also suffers additional injury which does not fall within the tariff system and is subject to a common law assessment...

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