Asia Disputes Notes
Tag: uk court decisions
Showing 36 out of 67 results
The High Court of England and Wales denies full recovery of trust litigation costs where co-claimants had separate representation
In Ong & Ors v Ping [2015] EWHC 3258 (Ch), the High Court of England and Wales (Chancery Division) limited the legal costs recoverable by a mother …
Legal advice privilege only covers advice from lawyers, says the Hong Kong Court of Appeal
In the recent case of Super Worth International Ltd & Ors v Commissioner of the ICAC & another (CACV 168/2015), the Hong Kong Court of Appeal …
UK Supreme Court rewrites English law rule on penalties whilst Hong Kong (for the moment at least) still continues to follow the traditional test
In a judgment handed down on 4 November, the UK Supreme Court has in effect re-written the rule on contractual penalties in England & Wales, holding …
The English High Court pierces the corporate veil using the "evasion principle"
In Paul David Wood & Anor v Timothy Darren Baker & Ors, the joint trustees in bankruptcy of the bankrupt's property successfully obtained …
Interpretation or rectification --- when and how can the Court uphold an unclear Will according to the testator's intentions
In In the matter of the Estate of Florence Rosemary Harte (Deceased) ("Re Harte"), the English High Court had to decide when and how to interpret and …
England: Extending Mareva injunctions to trustees
Herbert Smith Freehills Disputes Notes has already reported on the litigation between JSC Mezhdunarodniy Promyshlenniy Bank (Mezhprom) and Sergei …
Commercial Court in England finds forum non conveniens waiver clause does not necessarily preclude stay on grounds of forum non conveniens
In Standard Chartered Bank (Hong Kong) Limited and another v Independent Power Tanzania Limited and others [2015] EWHC 1640 (Comm), the Commercial Court …
Hong Kong Court of Appeal rejects the narrow interpretation of "client" and adopts a broader test for legal advice privilege
The Court of Appeal has handed down its much-awaited judgment in Citic Pacific Limited v Secretary for Justice and Commissioner of Police (unrep, …
English Commercial Court rules that an unsigned agreement can still bind the parties
The English Commercial Court has ruled that a party had accepted the terms of an agreement by its conduct, even though it had not signed the agreement …
English High Court decision highlights need for tight drafting of settlement terms
In the context of high profile celebrity phone hacking lawsuits, the English High Court has struck out claims for phone hacking on the basis that they …
UK High Court: be clear whether settlement negotiations are subject to contract
A recent decision of the English High Court has held that a binding settlement was agreed in an exchange of e-mails between the parties’ …
English High Court upholds disclosure order regarding interests of a beneficiary under discretionary trusts
In JSC Mezhdunarodniy Promyshlenniy Bank and Another v Sergei Viktorovich Pugachev and Others [2014] EWHC 3547 (Ch), the English High Court upheld a …
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