Asia Disputes Notes
Tag: rachael shek
Showing 10 out of 10 results
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 …
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 …
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 …
HONG KONG COURT OF APPEAL PROVIDES CERTAINTY ON BAR AGAINST REFLECTIVE LOSS
On 21 April 2023, the Hong Kong Court of Appeal (CA) released its judgment Power Securities Co Ltd v Sin Kwok Lam [2023] HKCA 594, which provided …
HONG KONG COURT OF FINAL APPEAL CLARIFIES A BANK'S LIABILITY FOR TRANSFERRING CUSTOMER FUNDS IN BREACH OF ITS QUINCECARE DUTY OF CARE BEFORE UNAUTHORISED CLOSURE OF THE ACCOUNT
In PT Asuransi Tugu Pratama Indonesia TBK (formerly known as PT Tugu Pratama Indonesia) v Citibank N.A. [2023] HKCFA 3, the Hong Kong Court of Final …