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Apr 29, 2024 | 
lexology.com | Gareth Thomas |Rachael Shek |Jojo Fan |Peter Ng |Timothy Shaw |Trevor Ho
After more than three years of litigation, the decision of the Hong Kong Court of Final Appeal (CFA) in Tam Sze Leung & Ors v Commissioner of Police [2024] HKCFA 8 has brought certainty on how the police, banks and financial institutions should deal with (or not deal with) funds reported to be proceeds of crime under section 25A of the Organized and Serious Crimes Ordinance (Cap. 455) (OSCO).
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Apr 18, 2024 | 
mondaq.com | Gareth Thomas |Rachael Shek |Jojo Fan |Peter Ng
In Bright Shipping Limited v Changhong Group (HK)
Limited [2024] HKCFI 821, the Hong Kong Court ordered a
defendant who had failed to satisfy a number of costs orders on the
ground of risk of secondary sanctions to pay such costs into
court.
Amid rising geopolitical tensions, we have seen sanctions
clauses being more frequently invoked by parties to seek to be
excused from performing their obligations.
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Apr 18, 2024 | 
mondaq.com | Rachael Shek |Jojo Fan |Peter Ng |Grace Lee
Without prejudice ("WP") privilege
protects a party's genuine attempt to settle a dispute by
preventing communications made in that connection from being
admitted as evidence in court. However, WP privilege may sometimes
be inadvertently waived and lost by parties. It is well established
that openly disclosing WP materials will result in loss of the
privilege, but the situation is less clear where a party merely
refers to WP materials without exhibiting them in open documents or
correspondence.
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Mar 12, 2024 | 
mondaq.com | Gareth Thomas |Rachael Shek |Jojo Fan |Peter Ng
In the recent decision of Armstead v Royal & Sun Alliance Insurance
Company Ltd [2024] UKSC 6, the UK Supreme Court examined
where the burden of proof lies in relation to the issue of whether
or not a particular class of loss is too remote to claim in the
tort of negligence.
The claimant (appellant in the appeal), Armstead, hired a car
from Helphire Ltd ("Helphire").
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Feb 26, 2024 | 
lexology.com | Gareth Thomas |Rachael Shek |Jojo Fan |Peter Ng
In the recent decision of Armstead v Royal & Sun Alliance Insurance Company Ltd [2024] UKSC 6, the UK Supreme Court examined where the burden of proof lies in relation to the issue of whether or not a particular class of loss is too remote to claim in the tort of negligence. The claimant (appellant in the appeal), Armstead, hired a car from Helphire Ltd (“Helphire“).
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Jan 29, 2024 | 
lexology.com | Gareth Thomas |Rachael Shek |Jojo Fan |Weina Ye |Peter Ng
With the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and HKSAR (the “Arrangement“) coming into effective today, a new era in cross-border judicial cooperation between Mainland China and Hong Kong has begun. Please see here for our previous blog post discussing the key features of the Arrangement.
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Nov 1, 2023 | 
mondaq.com | Gareth Thomas |Rachael Shek |Jojo Fan |Peter Ng
By way of an update to the series of recent Court of First
Instance decisions on whether a winding up petition ought to be
stayed where the underlying dispute is governed by an arbitration
clause, Harris J has very recently granted the Petitioner in Re Shandong Chenming Paper Holdings Ltd
[2023] HKCFI 2731 leave to appeal.
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Oct 25, 2023 | 
mondaq.com | Gareth Thomas |Rachael Shek |Jojo Fan |Peter Ng
Where a winding up petition is based on a debt arising from a
contract with a non-Hong Kong exclusive jurisdiction clause, the
court will tend to dismiss or stay the winding up petition in
favour of the parties' agreed forum unless there are strong
countervailing factors. The Court of Final Appeal confirmed this
approach in its recent landmark decision in Re Guy Kwok Hung Lam [2023] HKCFA 9
("Guy Lam"; which we discussed
here).
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Oct 12, 2023 | 
mondaq.com | Gareth Thomas |Jojo Fan |Peter Ng |Grace Lee
In the current economic climate, more and more companies are
getting into financial difficulties, informal workouts by debtor
companies, with support from certain creditors, seem to be
increasingly common. The latest English High Court decision of Henderson & Jones Ltd v Ross & Ors
[2023] EWHC 1276 (Ch) highlights a possible litigation risk for
the supportive creditors – banks or funds alike – and
the advisors involved, especially if the informal workout
ultimately falls through.
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Sep 18, 2023 | 
mondaq.com | Gareth Thomas |Rachael Shek |Jojo Fan |Peter Ng
In R. (on the Application of PACCAR Inc) v
Competition Appeal Tribunal [2023] UKSC 28 (judgment
handed down on 26 July 2023), the UK Supreme Court held that
litigation funding agreements with third parties who play no part
in the conduct of litigation, but who are to be paid a share of any
damages recovered by the claimant, are "damages-based
agreements" (or DBAs) within the meaning of the relevant UK
legislation which regulates such agreements.
