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In a judgment dated 11 March 2020 in the Dawson-Damer v Taylor Wessing litigation, the Court of Appeal confirmed that legal advice obtained for the benefit of a trust cannot be withheld from a beneficiary where it is responsive to that beneficiary’s subject access request (SAR) under the UK Data Protection Act (DPA).

In A v B the English Court set aside the Court’s order enforcing an arbitration award on the grounds that the full award debt was not currently outstanding. The Court did not dismiss the application to enforce finding that the factual dispute about whether the debt was due and payable could be dealt with at a further hearing under s66 of the Arbitration Act 1996.

In the recent decision of Burford Capital v London Stock Exchange Group, the English High Court considered the test for the grant of Norwich Pharmacal relief. In dismissing the application, the Court considered the underlying case and found that the claimant did not make out a “good arguable case” that it was the victim of any actionable wrongdoing.

In an important decision that will be of significant interest to the funds industry, the Cayman Islands Court of Appeal has held that a redemption request submitted at the Feeder level did not take effect so as to constitute an automatic redemption request between Feeder and Master.

As a matter of Cayman Islands law, liquidators wishing to sell company property by way of public auction or private contract may only do so with the sanction of the Grand Court. Many such sanction applications are uncontested and may be suitable to be heard on the papers. Sanction applications are not, however, mere rubber stamping exercises. That is especially true where they are opposed.

Following a trial on liability, the Claimant succeeded in her claim against the Defendant, but was unsuccessful in relation to a discrete issue, with the Court concluding that the Claimant was entitled to recover 90 per cent of her costs from the Defendant, with the 10 per cent difference representing those costs attributable to the allegations on which she was unsuccessful.