Asia Disputes Notes

Privy Council refuses to extend the Quincecare duty to protect third party beneficiaries of funds held in a bank account

PRC Court recognises an English Court judgment for the first time

Hong Kong: will Courts accept cryptocurrency as a security for costs?

English High Court finds acceleration clause capable of falling within the penalty doctrine

English High Court finds alleged frustration of contract due to COVID-19 pandemic is not sufficiently arguable to grant injunction restraining demand under letter of credit

The English High Court strikes out classic claim for reflective loss brought by a shareholder against its company’s professional advisers in the context of an IPO

English Court of Appeal considers application of “SAAMCO” principle in context of auditor’s negligence case

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 …

When will the courts find it necessary to imply terms into agreements?

The English High Court in Lehman Brothers International (Europe) (In Administration) v Exotix Partners LLP [2019] EWHC 2380 (Ch) found it necessary …

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 …

Privilege lost after cherry-picking: an undesired outcome of an employer's tactical decision to waive privilege

The UK Employment Appeal Tribunal (EAT) recently ordered an employer to disclose its external lawyer's comments in relation to the dismissal of an …

Test for rectifying terms of written contract for common mistake: England and Wales considers subjective while Hong Kong remains objective

In an important recent decision (FSHC Group Holdings Ltd v GLAS Trust Corporation Ltd [2019] EWCA Civ 1361), the English Court of Appeal …