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The final say: Consent for the "letter of no consent" regime
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 …
Herbert Smith Freehills successfully acts for the Petitioner in a Court of Appeal case examining the role of arbitration clauses in winding up proceedings
Herbert Smith Freehills secured another victory for the Petitioner in the high-profile Court of Appeal case Simplicity & Vogue Retailing (HK) Co., …
Hong Kong Court grants order for payment into court amidst risk of secondary sanctions
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 …
Hong Kong Court finds exhibiting documents referring to without prejudice correspondence may amount to waiver
Without prejudice ("WP”) privilege protects a party's genuine attempt to settle a dispute by preventing communications made in that connection from being …
Who has the burden of proving / disproving remoteness in negligence cases?
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 …
New Mainland-Hong Kong arrangement for reciprocal enforcement of civil and commercial judgments comes into effect today
With the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and HKSAR (the …
A new chapter of mutual recognition and enforcement of judgments between Mainland and Hong Kong: Hong Kong sets a date to implement the Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance (Cap. 645)
Introduction and legislative history Recently, on 10 November 2023, the Hong Kong Government announced that the Mainland Judgments in Civil and …
The Hong Kong Court of Appeal to clarify application of Guy Lam in arbitration in upcoming appeals
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 …
What is the effect of Guy Lam on winding up petitions involving an arbitration clause? A third voice
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 …
When informal workouts don't work out: English High Court rules bank that lent support to restructuring did not dishonestly assist in putting assets beyond creditors' reach
In the current economic climate, more and more companies are getting into financial difficulties, informal workouts by debtor companies, with support …
Litigation and Arbitration Funding in Hong Kong: Will the UK Supreme Court decision in PACCAR Affect Hong Kong Litigation Funding?
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 …
English High Court gives guidance on the so-called creditor duty where a company faces solvency-threatening claim
When a company is in the so-called “twilight zone” approaching insolvency, it is well-established that the directors’ fiduciary duties require them to …
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