Asia Disputes Notes
Tag: uk court decisions
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Employees & privilege: dominant purpose, waiver and iniquity
Two recent English decisions highlight the particular challenges when managing legal professional privilege in the context of resolving employee issues. …
UK Supreme Court provides clear guidance on bank's liability to undisclosed third parties for credit references
The UK Supreme Court ("UKSC") has handed down its much anticipated judgment in NB Banca Nazionale del Lavoro SPA v Playboy Club [2018] UKSC 43, ruling …
UK SUPREME COURT CLARIFIES LEGAL POSITION ON "NO ORAL MODIFICATION" CONTRACTUAL CLAUSES
Parties to commercial contracts often insert a "no oral modification" (or NOM) clause to prevent attempts to undermine written agreements by informal …
Supreme Court decision clarifies basis for the award of Wrotham Park damages
We discussed aspects of "Wrotham Park damages" (also called "license fee damages" or "negotiating damages") in Herbert Smith Freehills Hong Kong office's …
"Dishonesty at its highest level and gravity" – when solicitors commit offences against client estates
This blog post will consider a number of recent cases in England where solicitors have been convicted of offences or struck off the register for …
English Court resolves dispute between parties as to who should hold the power to appoint trustees following settlor's death
The English High Court has recently approved an application to change the provision of a trust deed relating to the appointment of new trustees.[1] The …
Wills interpreted according to their ordinary and natural meaning despite this not reflecting testators' intention
The English High Court has recently held that, in a case concerning construction of Wills, the ordinary and natural meaning of survivorship clauses …
UK: Deceased's "husband" and daughter both unable to obtain letters of administration
The English High Court has recently refused to grant letters of administration to a deceased's daughter (the "Claimant") despite her having the highest …
Court finds father cannot alter his will to stop son inheriting the family farm
The English High Court has recently found that a father could not change his Will so as to prevent his son receiving sole ownership of a family farm. [1] …
Failure to comply with freezing orders leads to prison
In JSC Mezhdunarodniy Promyshlenniy Bank and Another v Pugachev, [2016] EWHC 248 & 258 Ch (sentence) and [2016] EWHC 192 (Ch) (liability), the …
Ambit of private company exception to “securities” under the SFO – a look at the latest Hong Kong and UK decisions on dealing in securities and collective investment schemes
On 20 and 22 April 2016, the UK Supreme Court and the Hong Kong District Court handed down their respective decisions on criminal charges against …
London High Court considers defence of illegality in claim for beneficial ownership
In Hniazdzilau v Vajgel [2016] EWHC 15 (Ch), the English High Court held that a claim for beneficial ownership in a company was not defeated by a defence …
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