Dispute resolution: litigation in Hong Kong
Herbert Smith Freehills
According to clients, Herbert Smith Freehills houses a 'well-known leading litigation practice', a 'one stop shop' that provides 'excellent services'. Practice head Gareth Thomas is leading the advice to DBS regarding ongoing litigation concerning a High Court action brought by the liquidators of a local business, Galleria; the matter is currently under appeal proceedings. Dominic Geiser and Jojo Fan are key names. Joanna Caen left the firm in July 2020.
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Testimonials
‘Dominic Geiser and Jojo Fan provide proactive advice, pay attention to details and willing to accommodate all our needs including on fees‘.
‘Gareth Thomas is very strategic and excellent in advising clients. Very good at coming up with ways of keeping the pressure on the other side‘.
Key clients
DBS Bank
Julius Baer Group
BYD Company
Credit Suisse
UBS
Work highlights
- Representing the Julius Baer Group in a dispute with a former client regarding claims of alleged mis-selling and misrepresentation.
- Defending BYD Company against ongoing litigation proceedings in the Hong Kong High Court brought by Foxconn, concerning alleged misappropriation of trade secrets and breaches of confidential information.
Allen & Overy
At Allen & Overy, the team continues to defend WPP against proceedings brought by a shareholder claiming alleged unfair prejudice on the part of the company’s management. Practice head Matt Bower is well known for his expertise in financial regulatory matters. Fai Hung Cheung, noted for his extensive experience in commercial disputes, is a key contact. Senior associate Nathan Colless is also noted.
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WPP
Baker McKenzie
The 'approachable' team at Baker McKenzie has solid expertise in advising financial institutions, charities, investment banks, and high-profile individuals on the full range of contentious work. Practice head Cynthia Tang is 'an accomplished lawyer', who has established strength in assisting with financial services regulatory disputes. Gary Seib is well known for his extensive expertise in handling commercial disputes, and Bryan Ng counts insolvency-related disputes as a key strength. Anthony Poon has left the firm.
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Testimonials
‘They have a large and very competent team of lawyers who are experienced in and who handle large, complex and high value litigation matters, including cross-border litigation matters. They are particularly adept in liaising with their overseas offices to provide a seamless service to clients‘.
Key clients
Luk Fook Holdings Company
Tongfang Kontafarma Holdings
Well Up (Hong Kong)
Work highlights
- Representing Tongfang Kontafarma Holdings in ongoing disputes with a joint venture partner concerning issues with a sale and purchase agreement.
Davis Polk & Wardwell LLP
Davis Polk & Wardwell LLP's 'multi-talented' litigation team has solid expertise in handling contentious regulatory cases and financial litigation for clients drawn from the financial services sector. The names to note are Karen Chan, noted for handling financial service disputes; Martin Rogers, who has expertise in handling contentious fintech matters; Patrick Sinclair, who is very experienced in advising on corporate criminal investigations; and James Wadham, who is well versed in handling commercial disputes.
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Gibson Dunn
Gibson Dunn's litigation practice was significantly bolstered with the arrival of Brian Gilchrist and Elaine Chen from Clifford Chance in 2020. Gilchrist is highly regarded for his expertise in commercial litigation, including minority shareholders' disputes. Chen has extensive experience in representing high-net-worth individuals in contentious probate matters. Of counsel Alex Wong and associates Emily Chan, Rebecca Ho and Celine Leung are key contacts.
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Testimonials
‘They have strong technical knowledge which helps us to decide the pros and cons in an easy way‘.
‘Elaine Chen is definitely a very experienced and tactful lawyer, who always considers the case from our perspectives with different ideas that we may not have ever thought of‘.
‘Highly experienced, extremely professional, always courteous and a pleasure to work with‘.
Mayer Brown
John Hickin heads up the team at Mayer Brown, which successfully represented DBS Bank in a long-running $50m mis-selling claim brought against the bank by its customers. Senior consultant Nicholas Hunsworth has an excellent reputation for his expertise in commercial and banking litigation. Raymond Chan is well versed in handling civil litigation, while Vivien Yip has experience in representing financial institutions in contentious work.
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Key clients
DBS Bank
Norddeutsche Landesbank
Wynn Macau
MTR Corporation
ETON Properties Group
Work highlights
- Represented Norddeutsche Landesbank in a dispute with Brightoil concerning an order of sale for the supertanker vessel Brightoil Glory as Brightoil wanted to dispose of the vessel via a private sale; the Hong Kong Court of Appeal upheld the order of sale.
Norton Rose Fulbright
The 'very efficient, client-focused and commercial-minded' team at Norton Rose Fulbright is noted for its 'very hands-on approach' to disputes. The group provides 'prompt and practical advice' to corporations drawn from a broad range of industries on cases involving shareholders' disputes, fraud, and breach of fiduciary duties, and reports an uptick in insolvency mandates. Acting for private individuals in contentious estate settlement matters is another key area of instruction for the team. Practice head Camille Jojo 'stands out as being extremely dedicated to his clients' cases and superb at developing winning strategies'. Other key names to note are Alfred Wu; counsel Kevin Hong ('intelligent and smart'); and counsel Daniel Ng, who is 'practical and thoughtful'.
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Testimonials
‘Alfred Wu is down-to-earth, serious, diligent, reliable and trusted by his clients‘.
‘Kevin Hong can understand the issues in question precisely and is able to offer practical and useful advice for the client who can then make right decision‘.
‘Daniel Ng is a very solid, experienced litigator. Easy to work with and resourceful‘.
Clifford Chance
Clifford Chance's litigation team is led by the 'supportive' and 'confident' Ling Ho. The 'very tactical' group has 'particular specialisation in the regulatory and securities field', and has been kept especially busy with financial litigation. The team continues to represent a major UK financial institution in ongoing proceedings pertaining to its discovery of an internal fraudulent scheme, which had been taking place for over 15 years; the scheme resulted in the misappropriation of approximately $30m from customers' and the bank's accounts. Edward Johnson is a key name for banking disputes and contentious regulatory matters. Brian Gilchrist and Elaine Chen moved to Gibson Dunn in April 2020.
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Deacons
At Deacons, the team continues to act for DP World Djibouti FZCO (along with two companies within the UAE DP World Group) in a claim against port builder China Merchants Group for allegedly inducing the breach of DP World’s port concession agreement with Djibouti. Practice head Joseph Kwan has an excellent reputation for his expertise in high-profile commercial litigation. Paul Kwan is 'practical' and counts shareholders' disputes as a key strength. Robert Clark, Carmen Ng and associate Michelle Li are also singled out.
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Testimonials
‘They have a strong litigation team, with excellent back up from highly able associates. They are very result- and client-orientated, and go to great lengths to do their best to achieve results for their clients. The level of client care, as well as their extensive efforts on behalf of clients, is outstanding‘.
‘Joseph Kwan is very clever, has a very comprehensive knowledge of most areas of civil law particularly commercial law, an intelligent and forward thinking strategist, wholly committed to clients, and one of the nicest and easy to get on with people one could hope to meet. If I had a personal litigation matter, he is the person I would want to represent me‘.
Key clients
DP World Djibouti FZCO
Hummingbird Music
Work highlights
- Acting for artist management company Hummingbird Music in a dispute with one of their artists, Tang Sze Wing, aka G.E.M., concerning alleged breaches of contract.
Debevoise & Plimpton LLP
Debevoise & Plimpton LLP has 'a massive presence in Hong Kong litigation'. The team is noted for its particular expertise in acting for financial institutions, including private equity firms, investment banks and high-net-worth individuals, in contentious cross-border mandates. Mark Johnson and Gareth Hughes head up the practice. Associate Allison Lau is also singled out.
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‘They have provided an exceptional service to clients‘.
DLA Piper
DLA Piper's litigation practice is 'very good at shareholder disputes in Hong Kong', often involving cross-border elements. Clients include corporations from the financial services, energy, retail and construction sectors, to name a few. Kevin Chan heads up the practice; corporate litigation expert Satpal Gobindpuri, Harris Chan and of counsel KC Tai are key contacts. In July 2020 associate Benjamin Ng moved to Ashurst.
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‘Harris Chan – exceptional lawyer, very efficient and able‘.
Key clients
Agricultural Bank of China
Bank of Communications
Industrial and Commercial Bank of China
Shanghai Pudong Development Bank
Deloitte
China Huarong International Holdings Limited
Huatai International Financial Holdings (Hong Kong) Limited
Golden Music Limited
Everwill Industrial Limited
Hong Kong A-Sun Group
Power Securities Company Limited
China Agri-Products Exchange Co Ltd
DIO Corporation
Sand Aire Limited (Sandaire)
Dymocks Franchise Systems (China) Limited
Combest Holdings Limited
CST Fiduciaries Limited
Vulcan Holdings Limited
Newell Rubbermaid Asia Pacific Limited
Ubiquiti Networks International Limited
Digital Transaction Limited
Centric Software
Work highlights
- Acted for investment bank Haitong in a shareholders’ dispute with insurance company Ping An.
HFW
HFW houses 'a good commercial litigation practice'. The team, led by Noel Campbell, reports an uptick in high-value fraud disputes, and has notable strength in handling contentious probate cases and shipping disputes; contentious insolvency mandates have also been prominent in the group's recent workload. George Lamplough is very experienced in international trade disputes. Guy Hardaker is also a key contact.
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Work highlights
- Assisting a financial sector client with the coordination of ongoing tracing and recovery efforts following a $300m metals fraud involving non‐authentic warehouse receipts.
Hogan Lovells
At Hogan Lovells, the 'very responsive' team continues to represent FTI Consulting as court-appointed liquidators in proceedings against the former directors of Bermuda-based PMHL and its Hong Kong-based subsidiary PML, regarding allegations of fraud, negligence, and breaches of duties relating to a large-scale fraud scheme. Practice head Chris Dobby has expertise in handling contentious insolvency matters. Mark Lin is noted for his strength in regulatory disputes.
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Testimonials
‘Mark Lin is knowledgeable and provides good customer service and experience‘.
‘Chris Dobby: An excellent legal mind combined with an impressive grasp of commercial realities makes him an invaluable partner in dealing with disputes‘.
Key clients
Borrelli Walsh
MTR Corporation
The Hong Kong Airport Authority
King & Wood Mallesons
Paul Starr, who is 'vastly experienced, fully in command of the most complex cases, and hands-on yet strategic', heads up King & Wood Mallesons' practice. Infrastructure and construction disputes are a core pillar of strength for the team, which has also been kept busy advising on disputes from the technology sector. Peter Bullock is noted for providing 'very sharp advice' concerning information technology and telecoms-related disputes; Barbara Chiu and Crystal Luk are key names.
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‘This excellent team gives speedy, sound and pragmatic advice, with first-rate strategy and case management‘.
Key clients
Shandong Chenming Paper Holdings
Hong Kong Competition Commission
China Huarong Macau (Hong Kong) Investment Holdings
Zhuhai Gotech Intelligent Technology
Gotech International Technology
China Merchants Bank
Ping An Property & Casualty Insurance Company of China
China Light & Power
O'Melveny
At O'Melveny, the team is acting for partners of Deloitte Hong Kong in an ongoing case concerning allegations of breach of duty and contract in respect of a bankruptcy. Denis Brock heads up the practice; counsel Kieran Humphrey is a key contact.
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Deloitte
PAG Asia Capital
Reed Smith Richards Butler
Reed Smith Richards Butler counts securities, financial, and commercial litigation among its areas of expertise. Lianjun Li , who is noted for his expertise in arbitration, heads up the practice with Asha Sharma , who provides 'helpful and practical legal advice'. Mark West is well versed in handling complex, cross-border commercial disputes. In November 2019 Stephanie Chan joined as partner from Ashurst.
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‘Mark West is a strategic thinker, who keeps a firm eye on achieving what his client wants. He deals with matters in a direct, courteous and productive manner‘.
Skadden, Arps, Slate, Meagher & Flom LLP
The 'great litigator, and excellent strategist and team leader' Rory McAlpine heads up the practice at Skadden, Arps, Slate, Meagher & Flom LLP. McAlpine is advising the Danish subsidiary of Middleby on litigation proceedings concerning the retrieval of €10m transferred to bank accounts in Hong Kong as a result of a cyber fraud. Counsel Wilfred Ho is very experienced in acting for Asia-based clients in commercial disputes.
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Middleby
Petrobras
Stephenson Harwood
Stephenson Harwood
houses a team noted for providing 'invaluable advice that is both practical and effective' and are 'very professional and thorough in their approach'. Shareholder and trade disputes are key areas of strength for the group. Practice head Ivan Ng has expertise in commercial litigation; the 'responsive' senior associate Emily Li is also singled out.
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Testimonials
‘Ivan Ng and Emily Li are very proactive and always available to assist.’
‘Professional and understand well the needs of the customer.’
‘Ivan Ng’s attention to detail is impressive and he is also very responsive.’
‘Usually can give prompt response within a reasonable time. Their advice and suggestion are relevant and to the point. Proposed strategies are practical.’
‘Energetic, knowledgeable, and willing to give a quick response. Able to listen and understand the client’s actual need. Problem-solving attitude. Trustworthy and willing to help.’
Key clients
Television Broadcasts Limited
Employees of China Shanshui Investment Limited
China Construction Bank (Asia) Corporation Limited
Société Générale
HWH Holdings Limited (a BVI company)
Dymocks Holdings Limited
Rabobank
OCBC
ICBC
Raiffeisen Bank International AG
PricewaterhouseCoopers
KBC Bank NV
Agricultural Bank of China
Work highlights
- Acting for 2,000 employees and minority shareholders of China Shanshui Investment in a long-running shareholders’ dispute worth over HK5bn.
Tanner De Witt
The team at Tanner De Witt provides 'responsive, commercial, measured and sensible advice' on insolvency-related disputes, high-value commercial litigation, and complex shareholder disputes, among other areas. Mark Side, Jeff Lane and Pamela Mak lead the practice, in which insolvency law expert Robin Darton is a key name.
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Testimonials
‘Sound advice and a very collaborative team to work with. Great bunch of people and well respected in the market‘.
‘Pamela Mak – very friendly and gives considered advice – clients love her‘.
‘Robin Darton – has the respect of everyone in the market including silks – very, very reliable for giving solid common sense advice especially under pressure‘.
Key clients
KPMG
PwC
Deloitte
Borrelli Walsh
Four Seasons Hotel
Work highlights
- Representing a bitcoin mining chip company in litigation concerning an alleged breach of a supplier’s agreement.
Clyde & Co LLP
Simon McConnell heads up the 'clear thinking' team at Clyde & Co LLP. Recent work includes commercial litigation expert Patrick Perry acting for the defence in an ongoing dispute concerning a HK2.5bn claim brought against an accounting firm in Hong Kong. The team welcomed Rachael Shek who joined from Eversheds Sutherland in February 2021.
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Dentons Hong Kong
Keith Brandt ('a wise adviser and savvy litigator') heads up the litigation team at Dentons Hong Kong, which continues to represent Kim Dotcom and Megaupload in a long-running challenge to proceedings brought in the High Court of Hong Kong by the Secretary for Justice (on behalf of the US) to restrain assets worth $175m held in Hong Kong by the client. Richard Keady, Robert Rhoda, Allan Leung and associate James Wong are key contacts.
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Testimonials
‘Great communicators, available and easy to work with. Very pleasant people, professional and good natured‘.
‘Allan Leung and Robert Rhoda are excellent leaders, great communicators, efficient, dedicated‘.
‘Keith Brandt is highly professional and very capable‘.
Key clients
Akbank
BASF
Bayin Resources Company Limited
Hong Kong Solicitors Indemnity Fund
Kim Dotcom and Megaupload Limited
Société Générale
The Stock Exchange of Hong Kong
Virgin Atlantic Airways
Work highlights
- Acting for Bayin Resources Company in litigation concerning alleged use of a fraudulent trade finance scheme.
- Assisting Akbank with litigation concerning the recovery of over $100m fraudulently transferred from the client’s bank accounts in multiple jurisdictions.
Eversheds Sutherland
The team at Eversheds Sutherland is led by Mark Yeadon. Past areas of instruction for the group include telecom disputes, financial litigation and commercial disputes.
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Gall
Well known as 'a boutique firm specialising in contentious work', Gall provides 'a high-quality, wide-spectrum litigation service'. The 'diligent and very available' team is notably strong in advising on complex shareholder disputes, cross-border fraud cases and insolvency litigation. Nick Gall leads the practice along with Chris Wong, 'a hard worker and first-rate lawyer'. The 'very hardworking' Evelyn Chan has extensive experience in handling restructuring disputes.
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Testimonials
‘Chris Wong is measured, calm, practical and knowledgeable. Always a pleasure to work with‘.
‘The team are sensible in making strategies, and have been providing the full picture of the choices the client can have, which we really like‘.
‘Nick Gall – outstanding client management skills and keeps key objectives clearly in mind. Can be very tenacious when needed‘.
‘Christopher Wong stands out for combining wide-ranging litigation experience with an excellent and hands-on client manner. He approaches issues in a practical, no-nonsense manner‘.
Key clients
Lavender Row Limited
Hammer Capital
Morrison Asian Investments Ltd
Airwallex (Hong Kong) Limited
Cellmark China Limited
Brightoil Petroleum
Lewis Holdings
Techno Capital
TFS Derivatives
Work highlights
- Representing a major shareholder in a long-running shareholders’ dispute, concerning issues of control over a Hong Kong company which holds a majority stake in a Japanese company.
Kennedys
Rupert Skrine heads up the 'efficient' team at Kennedys. The group continues to act for Link Fish Import & Export in a claim brought against two Hong Kong companies concerning fraudulent transactions worth more than $10m. Healthcare-related litigation and professional negligence claims are other core areas of expertise for the team. Rudy Chung is very experienced in handling commercial litigation.
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Dental Protection (Hong Kong)
The Hong Kong Medical Protection Society
The Hong Kong Hospital Authority
Wilkinson & Grist
Keith Ho heads up the litigation team at Wilkinson & Grist, which continues to act for a private client in a long-running dispute with his siblings regarding the estate of the late tycoon, Henry Fok Ying Tung.
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Key clients
Ernst & Young
FTI Consulting
Industrial and Commercial Bank of China (Asia)
KPMG
PwC
RSM Nelson Wheeler
Ashurst
At Ashurst, recent highlights for the 'strong, commercially minded and flexible' team include successfully representing Grand City Capital Investment in a high-profile dispute with Frontier Investment Partners and Hong Kong Airlines Consultation Service (HKACS) regarding the client’s acquisition from Frontier of a 34.16% stake worth HK546m in Hong Kong Airlines Holdings. Practice head James Comber is 'pragmatic and knowledgeable'. In 2019 Stephanie Chan moved to Reed Smith Richards Butler; senior associate Benjamin Ng joined from DLA Piper in 2020.
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Credit Suisse
Deutsche Bank AG
Grand City Capital Investment
Bank of America Merrill Lynch
Hill Dickinson Hong Kong
Hill Dickinson Hong Kong's litigation team 'are deep thinkers who apply themselves to resolving the disputes and achieving results for the client'. Key strengths for the group include contentious insolvency cases, commodities and international trade-related matters, and shipping disputes. Bryan O’Hare is a 'top rate litigator and strategist'; he shares leadership of the practice with Damien Laracy, who is 'dedicated, very responsive and transparent with his advice'.
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Testimonials
‘The team has a well-rounded general commercial litigation practice with particular strength in insolvency and restructuring related disputes‘.
‘Damien Laracy is dedicated and willing to get to grips with matters, taking a very detailed approach to work out the best course of action. He manages expectations exceedingly well, and is not afraid to have the “difficult conversations” with clients in order to preserve their position and approach to a dispute. He is very responsive and transparent with his advice‘.
‘Bryan O’Hare is a respected and seasoned industry veteran. He provides consistently astute legal advice with pragmatic commerciality and responsiveness‘.
‘Bryan stands out in this practice area. He is one of a handful of exceptional litigators in Hong Kong. His sheer depth of experience, legal knowledge and commercial savviness is truly impressive. He is a ‘master of the detail’ but at the same time able to analyse and present complicated factual and legal issues in an uncomplicated ‘client friendly’ language. He is very personable but at the same time resolutely professional at all times. When things get a bit ‘scary’ you want Bryan on your side and not on the other side. He is not afraid to roll up his sleeves and get in the trenches with his clients when it counts. Bryan is always my first port of call and is very much a trusted adviser‘.
Kobre & Kim
Kobre & Kim counts cross-border disputes and investigations as core strengths; insolvency-related litigation, asset recovery and complex fraud are prominent in the team's workload. Key contact John Han is noted for his expertise in representing high-net-worth individuals, financial institutions and corporations in cross-border commercial disputes.
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Latham & Watkins LLP
The team at Latham & Watkins LLP is led by Hui Xu, who operates out of the firm's Beijing office. The group counts competition disputes, commercial litigation, fraud and contentious insolvency work among its areas of expertise. Regulatory expert Catherine McBride is a name to note. Catherine Palmer retired from full practice in March 2020.
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Key clients
China Life Insurance (Overseas) Company Limited
Nutanix Hong Kong
Sinovac Biotech
Minter Ellison
The 'highly knowledgeable' team at Minter Ellison is headed up by William Barber and David Morrison. The group is notably strong in handling, among other areas, contentious probate cases, construction-related litigation, fraud, and shareholder disputes. Nathan Dentice advises on insolvency and investment fund disputes; Malcolm Chin is very experienced in handling contractual disputes; Desmond Liaw is 'thorough but at the same time always keeps an eye on the big picture and overall strategy to advance the client's case'. Alex Kaung counts contentious estate administration matters as a core strength.
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Testimonials
‘The litigation practice of Minter Ellison is highly recommended with a very experienced team that has the capabilities to cover a wide range of areas. Their service is outstanding, always efficient and cost effective‘.
‘Desmond Liaw is an excellent lawyer who is very knowledgeable in the area of litigation. He is approachable and is easily accessible and his advice is well analysed and always practical. He is highly recommended‘.
‘The team delivers a very high quality of work and is very responsive‘.
‘Desmond Liaw is an exemplary advocate who gives wholehearted effort to his briefs. Very impressed with his smart and strategic guidance over matters‘.
Key clients
Noble Group
Anglo Chinese Corporate Finance
Hong Kong Institute of Certified Public Accountants
Hong Kong Federation of Insurers
Far East Consortium International
Singfor Life Insurance Company
The Stock Exchange of Hong Kong
Noble Group Holdings
Work highlights
- Representing the executor of a will made by the late tycoon Lim Por Yen in a long-running probate dispute with family members of the late tycoon.
RPC
The 'very responsive' litigation team at RPC provides 'first-class practical advice', and has been kept especially busy handling high-value professional negligence cases and financial disputes. Asia managing partner Antony Sassi heads up the practice. Senior consultant David Smyth is highly regarded for his extensive experience in commercial disputes, and Charles Allen is well versed in advising on domestic and cross-border litigation. Jonathan Crompton is also singled out.
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‘Antony Sassi and his team always has a firm grasp of the issues on hand, and always give me confidence that they are on top of things, and are looking after our company’s best interests‘.
‘Jonathan Crompton is a very knowledgeable and instinctive litigator. Being very focused on the endgame allows him to propose sensible alternatives to pursue a solution in a complex case‘.