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Stop, collaborate and listen: first recognition and assistance granted to Mainland liquidators in Hong Kong
In a long-awaited development of cross-border insolvency cooperation between Hong Kong and Mainland China, the Hong Kong Court has granted recognition …
PAPERLESS HONG KONG – BILL FACILITATING ELECTRONIC COURT FILING GAZETTED
As part of the Legislative Council's Information Technology Strategy Plan, The Court Proceedings (Electronic Technology) Bill (Bill), which was …
HONG KONG COURT CLARIFIES JURISDICTION TEST FOR CONTRACTS WITHOUT EXPRESS JURISDICTION AND DISPUTE RESOLUTION CLAUSES
In Hong Ziyun v Chan Kwan Ming [2019] HKCFI 2125, the Court of First Instance considered the relevant jurisdiction applicable to a host of related loan …
ZHANG HONG LI V DBS BANK - PART 2 – DETAILED ANALYSIS OF THE MUCH AWAITED COURT OF FINAL APPEAL DECISION HANDED DOWN
Following on from our earlier blog posting where we reported on the background of Zhang Hong Li v DBS Bank and others and the Hong Kong Court of Final …
TRUSTEES TAKE COMFORT – HIGH COURT UPHOLDS BROAD SCOPE OF EXONERATION CLAUSES
Summary Trustees often seek to limit their liability in the form of exoneration clauses in trust deeds. As such, it is generally difficult for a …
Zhang Hong Li v DBS Bank - Much awaited Hong Kong Court of Final Appeal decision on anti-Bartlett clauses handed down
Earlier today, the Hong Kong Court of Final Appeal handed down judgment in Zhang Hong Li v DBS Bank and others a case which has been the cause of …
When will the courts find it necessary to imply terms into agreements?
The English High Court in Lehman Brothers International (Europe) (In Administration) v Exotix Partners LLP [2019] EWHC 2380 (Ch) found it necessary …
"Outmoded" parallel schemes of arrangement and a red flag on restructuring costs in Hong Kong
The Court of First Instance has recently helpfully summarised the legal position on schemes of arrangement under both Hong Kong law and English law. …
Recent judgments in the UK consider Quincecare duty of care relevant to deposit holding financial institutions processing payment mandates
The UK Supreme Court has recently upheld a claim for breach of the so-called Quincecare duty of care, which requires a financial institution to refrain …
CICC delivers first ruling, confirms arbitration agreements severable
The First International Commercial Court of the Supreme People’s Court of China (“CICC“) has recently published its first …
Privilege lost after cherry-picking: an undesired outcome of an employer's tactical decision to waive privilege
The UK Employment Appeal Tribunal (EAT) recently ordered an employer to disclose its external lawyer's comments in relation to the dismissal of an …
HONG KONG HIGH COURT REVERTS DEPARTURE FROM GENERAL RULE ON COSTS IN DISPUTE BETWEEN BROTHERS
Background In Chan Chi Wai v Chan Sau Wah [2019] HKCFI 1662 an application was made to vary a costs order nisi granted by the …
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