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ZHANG HONG LI V DBS BANK - PART 2 – DETAILED ANALYSIS OF THE MUCH AWAITED COURT OF FINAL APPEAL DECISION HANDED DOWN
Following on from our earlier blog posting where we reported on the background of Zhang Hong Li v DBS Bank and others and the Hong Kong Court of Final …
TRUSTEES TAKE COMFORT – HIGH COURT UPHOLDS BROAD SCOPE OF EXONERATION CLAUSES
Summary Trustees often seek to limit their liability in the form of exoneration clauses in trust deeds. As such, it is generally difficult for a …
Zhang Hong Li v DBS Bank - Much awaited Hong Kong Court of Final Appeal decision on anti-Bartlett clauses handed down
Earlier today, the Hong Kong Court of Final Appeal handed down judgment in Zhang Hong Li v DBS Bank and others a case which has been the cause of …
"Outmoded" parallel schemes of arrangement and a red flag on restructuring costs in Hong Kong
The Court of First Instance has recently helpfully summarised the legal position on schemes of arrangement under both Hong Kong law and English law. …
Recent judgments in the UK consider Quincecare duty of care relevant to deposit holding financial institutions processing payment mandates
The UK Supreme Court has recently upheld a claim for breach of the so-called Quincecare duty of care, which requires a financial institution to refrain …
HONG KONG HIGH COURT REVERTS DEPARTURE FROM GENERAL RULE ON COSTS IN DISPUTE BETWEEN BROTHERS
Background In Chan Chi Wai v Chan Sau Wah [2019] HKCFI 1662 an application was made to vary a costs order nisi granted by the …
Hong Kong courts clarify legal rules surrounding suitability and capacity of next friends
Next friends act on behalf of parties in legal proceedings who are not able to act …
Hong Kong–Mainland interim relief arrangement takes effect today, 1 October
The Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the …
HONG KONG: COURT GRANTS ANTI-SUIT INJUNCTION TO RESTRAIN FOREIGN PROCEEDINGS IN BREACH OF AN ARBITRATION AGREEMENT UNDER AN INSURANCE POLICY
In the recent case of AIG Insurance Hong Kong Ltd v Lynn McCullough and William McCullough [2019] HKCFI 1649, the Hong Kong Court of First Instance (CFI) …
Hong Kong: Court considers extended scope of springboard injunctions
The scope for springboard injunctions in Hong Kong has been confirmed by the Hong Kong Court of First Instance (CFI) as extending to circumstances where …
Grave offences – sale of cemetery sites by bankrupt individual is a transfer at undervalue with intent to defraud creditors
In Yeung Lui Ming v Tang Mo Lin Irene [2019] HKCFI 1848, the Hong Kong Court of First Instance set aside a sale of cemetery sites and a transfer of …
Hong Kong Court considers tests for dishonesty and blind-eye knowledge in dishonest assistance claims
In Re Galleria (Hong Kong) Limited [2019] HKCFI 1877, the Hong Kong Court of First Instance examined the legal principles in relation to dishonesty and …
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