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China: Social Media posts recognised by PRC Courts as evidence in employment cases
Given the growing popularity of social media websites and applications in China, employees are increasingly releasing employment-related photographs and …
The power behind the throne: costs orders against a non-party
The making of costs orders against a witness (who was not a party to the proceedings) was considered by the Hong Kong Court in To Pui Kui, the …
Breakdown of Trust: Important Court of Final Appeal divorce ruling reaffirms the Court's power to consider assets held in trust as part of the matriomonial estate and the presumption of the equal division of assets
The case of Poon Lok Otto v Kan Lai Kwan Kay and HSBC International Trustee Ltd. arose out of the high-profile divorce of a wealthy couple and the …
Hong Kong Court of Final Appeal provides guidance on the expiry of applicable limitation periods
On 17 July 2014, the Hong Kong Court of Final Appeal gave judgment in the case of Moulin Global Eyecare Holdings Limited (in liquidation) (formerly known …
Proposed changes to Hong Kong's discrimination laws leave existing gaps unaddressed
Hong Kong's discrimination laws have once again come under the spotlight following the commencement of a three month Discrimination Law Review of the …
Recent Developments in India-related international arbitration
Herbert Smith Freehills has issued the latest edition of its Indian international arbitration e-bulletin. This issue considers some significant decisions …
ADR Practical Guides 2 and 3: 'An Introduction to Mediation' and 'When to mediate in a dispute'
Herbert Smith Freehills’ publications ‘An introduction to mediation – what it is and how it works’ and ‘When to mediate in a dispute’ …
English Court of Appeal confirms account of profits available as remedy for dishonest assistance
Some, if not quite born trustees, are appointed as such at the outset of a trust. Some achieve trusteeship at some later stage. And some have some …
English High Court considers the effect of invalidly appointed trustees
In Jasmine Trustees Ltd v Wells & Hind (A Firm) [2007] EWHC 38, the High Court of England and Wales interpreted "individuals" in Section 37(1)(c) of …
China: Managers unable to claim against employers for failure to enter into a written labour contract
Recent developments clarify that managers may not be able to claim compensation from their employers in the same way as other employees. Employers in …
High Court rejects a plaintiff's very late application for leave to accept a sanctioned payment
Under Order 22, Rule 15 of the Rules of the High Court, where a plaintiff fails to accept a sanctioned payment within 28 days of the payment being made …
Hong Kong Court of First Instance provides clarification on establishing a breach of fiduciary duty against a director
In Grand Field Group Holdings Ltd v Chu King Fai and others HCA771/2009, a statutory derivative claim was commenced by a shareholder of the Plaintiff …
Showing 612 out of 812 results
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Simon Chapman KC
Managing Partner, Disputes, Asia and Australia, Hong Kong
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