Appleby Mauritius Newsletter 2023
Welcome to Appleby’s 2023 Newsletter!
The year has been rich with legislation to implement the measures of the Budget Speech for 2023-2024 and marked by the Government’s efforts to position ourselves with implementation of further measures relating to emerging technologies into our business and legal landscape amidst the challenging global economic environment which the continued Ukraine-Russia war has triggered.
On our side, the year was marked by the promotion of colleagues into higher levels of responsibility within the Mauritius office. Thus, Farzanah Nawool was promoted to Partnership and Ashley Oogorah was promoted to Counsel. Furthermore, there been new members who joined the Mauritius office to reinforce the legal team.
Please click on the corporate updates below to read more:
Artificial Intelligence and the law
At a time when the implementation of Artificial Intelligence into the professional environment, it is not difficult to predict that the implementation of AI into the running of a law firm will soon become a reality – ‘the key [is to choose] the right area’ of the practice. Indeed, a law firm which practices corporate and commercial as opposed to criminal law has significant benefits and potential for growth by using AI especially where explicit rules are used e.g. employment and tax laws.
The Financial Services Commission issues the Financial Services (Global Shared Services) Rules 2022
On the 20th December 2022, the FSC issued the Financial Services (Global Shared Services) Rules 2022 (the “Rules”), which came into operation on 3 January 2023.
Employer's perspective: What to expect in a settlement agreement?
What is a ‘Settlement Agreement’? One of the innovations of the Workers’ Rights Act (‘Act’) is the concept of ‘compromise agreement’ (also referred to as a ‘Settlement Agreement’ in this article) (‘Compromise Agreement’).
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Enforcing Integrity: The UK’s Legal Arsenal Against Market Abuse
The legal concept of market abuse and the twin concept of upholding market integrity are not new as these were prevalent since the 17th century ¹. As a matter of fact, there is a belief that insider dealing was the root cause of demise of the South Sea Company in the 18th century.
Dual Remedies Afforded against the Granting of Injunctions
Actis Consumer Grooming Products Ltd v Super-Max Mauritius [2025 SCJ 388]
The Mauritian National Budget 2025/2026 - From abyss to prosperity: Rebuilding the bridge to future
On 05 June 2025, Dr Navinchandra Ramgoolam GCSK, FRCP, Prime Minister of Mauritius, in his capacity as Minister of Finance (Minister of Finance) tabled the National Budget for the fiscal year 2025-2026 under the theme “From Abyss to Prosperity: Rebuilding the Bridge to the Future”.
Mauritius as an Ideal Seat for Arbitration
In one of its recent determinations, the Mauritian Supreme Court re-affirmed a line of decisions which confirmed its support to arbitration, whether international or domestic. These determinations reflect its understanding of the needs of business community, characterised by a marked choice to resolve disputes through a private mechanism to allow existing business relationships to thrive.
Insider Dealing: A Review of the Treatment in Mauritius, EU and US Federal law
A review of the treatment in Mauritius, the United States and the European Union of the offence of insider trading confirms the contrasting approaches which these jurisdictions have adopted on the issue even though all three jurisdictions share two fundamental concerns namely, (i) the prohibition on an insider to take an unfair advantage by reason of information which he has obtained to the detriment of third parties who are unaware of such information and, (ii) the protection of the integrity of financial markets and investor confidence ¹.
Professional emails are personal data
Case Commentary – France, Cour de cassation, 18 June 2025, 23-19.022 Professional emails are personal data.
Are our Courts tilting towards procedural flexibility?
Case Commentary: R.K.G FRUITS CO LTD v MAERSK (MAURITIUS) LIMITED 2025 SCJ 220. In a significant decision reaffirming the principle that procedural technicalities should not override substantive justice, the Court of Civil Appeal allowed an appeal overturning an interlocutory judgment of the Bankruptcy Division that had dismissed an application to set aside a statutory demand on the basis of a contested board resolution.
Is Cryptocurrency security - the Mauritian and USA perspectives?
As any of the emerging technologies, cryptocurrency has been disruptive to the market and has challenged regulators globally. Unsurprisingly, it has been commented that “a little more than a decade ago, cryptocurrencies were essentially an academic concept. The idea seemed far-fetched to most people. But that all changed in 2009 with the creation of Bitcoin …/… [today] the world’s cryptocurrency market is worth more than USD 3 trillion …/… there’s no question that crypto is here to stay, and it will undoubtedly continue to disrupt countless industries ”.
International Women’s Day 2025 roundtable: Rights. Equality. Empowerment.
As we recognise International Women’s Day 2025, we are reminded that gender equality is not just a vision – it’s a call to action.
Case Commentary: Mulliez H.S.B v Telecel Group SA & Anor 2025 SCJ 31
On 22 January 2025, the full bench of the Court of Civil Appeal in the matter of Mulliez H.S.B v Telecel Group SA & Anor 2025 SCJ 31 decided on the scope of Section 6 of the Court of Civil Appeal Act 1963, also common referred as the “similar purpose application” section. Unsurprisingly, the Court has pathed the way for judicial activism holding that the: “Court would therefore readily intervene, in the absence of any appropriate or adequate legal remedy, where the immediate and urgent intervention of the Court is warranted for the due administration of justice through the exercise of its equitable jurisdiction.”