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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’ …
Hong Kong: Sex Discrimination (Amendment) Ordinance 2014 in force and Contracts (Rights of Third Parties) Ordinance 2014 delayed
The Sex Discrimination (Amendment) Ordinance 2014—Ordinance No. 19 of 2014 came into force on 12 December 2014. The amended ordinance can be found here. …
Prophetable construction: English High Court upholds enforceability of a restrictive covenant despite obvious deficiencies in drafting
In Prophet plc v Huggett [2014] EWHC 615 (Ch) the Court took a highly flexible approach to the construction of a non-compete clause which, when …
Contracts (Rights of Third Parties) Bill
Overview The Contracts (Rights of Third Parties) Bill was gazetted on 28 February and will be introduced into the Legislative Council on 26 March …
"You're fired" – Lawful termination of employment contracts and employee rights in Hong Kong
Given the absence in Hong Kong of an 'unfair dismissal' regime similar to that which exists, for example, in the UK and Australia, the termination of an …
English & Hong Kong Courts refuse to infer common law duty of care in mis-selling claims involving non-advisory contracts
An English Court of Appeal case heard recently confirmed that the English courts will be unwilling to infer a common law duty into non-advisory contracts …
Contract may be made in more than one country for purposes of establishing jurisdiction
The English High Court has held that a claimant had a good arguable case that a contract was made in both England and Texas and that this was sufficient …
Indonesian First Instance Court rules that contracts written in English language are void
The West Jakarta District Court ruled recently that an Indonesian law governed loan agreement between an Indonesian borrower and a foreign lender was …
Hong Kong Court upholds exclusive jurisdiction clause in favour of PRC Court
The choice of exclusive jurisdiction in favour of either Hong Kong or the PRC courts in a contract may enable litigants to take benefit from the …
UK Court of Appeal confirms the legality of basis clauses
In Genesis Housing Association Limited v Liberty Syndicate Management Limited and others [2013] EWCA Civ 1173 the Court of Appeal upheld the first …
Hong Kong High Court considers reasonableness of restrictive covenant
In Pure International (HK) Ltd v Lo Yan Chan Kenneth [2013] HKEC 1092 the Court of First Instance considered the validity of a six-month restriction …
Hong Kong Court of Final Appeal provides clarification on when a document may be rectified for mutual or unilateral mistake
In Kowloon Development Finance Limited v Pendex Industries Limited & Ors [2013] HKEC 704 Lord Hoffmann NPJ took the opportunity to clarify the …
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