Asia Disputes Notes
Tag: gareth thomas
Showing 12 out of 14 results
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 …
"NOTES HOLDERS" WITH INDIRECT BENEFICIAL INTEREST HAVE NO STANDING TO WIND UP ISSUER COMPANY
In Re Leading Holdings Group Limited [2023] HKCFI 1770, the Hong Kong Court has made it clear for the first time that, based on a construction of the …
The Hong Kong Court reiterates that a company remains only a nominal party in unfair prejudice petitions fought between its shareholders
Unfair prejudice petitions are a means for minority shareholders to seek redress against a shareholder said to be in control of the company, on the basis …
English High Court reaffirms decision not to allow activists to proceed with derivative action against Shell
In our recent blog post, we discussed the English High Court's decision to block the shareholder derivative action commenced by an activist shareholder, …
Lessons from the Hong Kong Court on the fixed and floating charge distinction
Valuable lessons can be learnt from the Hong Kong Court of First Instance’s ("CFI") recent decision in Bei Ni Ltd v Cornwell (Hong Kong) Limited [2023] …
Companies Court holds register of members is not conclusive evidence of share ownership and rectification is not an automatic right
Section 633(1) of the Companies Ordinance allows a person or a member of the company to apply to the Court to request a rectification of the register of …
UK Supreme Court clarifies the scope of Quincecare duty for financial institutions executing customer payments
Earlier this month, the UK Supreme Court in Philipp v Barclays Bank UK plc [2023] UKSC 25 addressed the scope of the Quincecare duty in the context of an …
The Hong Kong Court affirms that victims of fraud's concerns over dissipation of assets in Mareva injunction is justified notwithstanding LNCs in place
Following the Hong Kong Court of Appeal's decision in Tam Sze Leung & Ors v Commissioner of Police [2023] HKCA 537 (discussed in our previous blog …
Keeping the door open: Hong Kong Court reaffirms commitment to mutual recognition of insolvency proceedings with Mainland China
Two recent cases, Re Guangdong Overseas Construction Corporation [2023] HKCFI 1340 (the "GOCC Case") and Re Trinity International Brands Limited [2023] …
ENGLISH HIGH COURT BLOCKS DERIVATIVE ACTION AGAINST SHELL'S DIRECTORS FROM CLIMATE-CHANGE ACTIVIST SHAREHOLDER
Recently, we see a significant uptick in ESG litigations in different parts of the world. Together with this trend came activists' attempts to make use …
Showing 12 out of 14 results
View more