Formerly Head of Des Voeux Chambers, Mr. Scott is an accomplished trial advocate with over 30 years’ experience in a wide range of commercial disputes. He has earned a reputation for being a “smooth yet forceful advocate who knows how to cut to the chase”. He has a long-standing track record in complex company, commercial, construction and arbitration cases and is active as both a litigator and an international arbitrator.
Mr. Scott is a Master of the Bench of the Middle Temple, and frequently sits as an arbitrator in Hong Kong, Singapore and elsewhere in the region. He has been appointed as arbitrator in substantial construction and infrastructure projects, and has sat as an ICC, SIAC and HKIAC appointed arbitrator in numerous disputes over the last 20 years. He recently co-authored the latest version of Halsbury’s Laws Vol 25 on Arbitration (Cap. 609).
Mr. Scott acted for the overseas creditors in the well-known case of China Evergrande Group obtaining its winding up in one of the most substantive insolvencies in the world at present. He is currently acting for the joint liquidators of that company in seeking to obtain the recovery of assets.
In the context of commercial litigation, he acted on behalf of the successful appellant in a widely reported Court of Final Appeal decision clarifying the correct test in an application for ancillary relief in aid of foreign proceedings (Compania Sud Americana de Vapores S.A. v Hin- Pro International Logistics Limited (2016) 19 HKCFAR 586)
In Bel Global Resources Holdings Ltd. v Elite Dragon Limited [2017] HKCFI 718 and HKCFI 1247 Mr. Scott acted for a Hong Kong listed company and obtained a substantial judgment for the Plaintiff against that company’s former managing director.
Mr. Scott has an extensive contentious and non-contentious company law practice having acted in various prominent cases including the contested privatisation of PCCW, and in non-contentious matters, including schemes of arrangement and reductions of capital, having appeared in the high-profile restructuring of the Hutchison, Cheung Kong and Hopewell groups of companies.
His contentious banking expertise entails involvement in landmark cases including acting for the successful bank in Natamon v Citibank N.A. concerning KYC and AML issues.
In matrimonial matters, he has acted in substantial MPS and ancillary relief hearings dealing with aspect of the valuation of shares in listed and private companies and the valuation of trust property.
Mr. Scott frequently appears in securities regulatory and disciplinary hearings, including in Re Mayer, a case concerned with the disqualification of listed company directors.
Mr. Scott appeared for the SFC in Re Magic and Re Mayer, Market Misconduct cases concerned with the requirements of corporate disclosure in the course of a Takeovers.
Mr. Scott has also represented the SFC’s “ramp and dump” schemes, seeking to recover compensation for investors.
Mr. Scott SC, JP was senior counsel in the recent milestone case of Re Allied Properties [2020] 5 HKLRD 766 where the Court of Appeal sanctioned a privatization scheme of arrangement, making this a pioneering and welcome addition to HK's insolvency landscape.
Mr. Scott has appeared in recent years in numerous creditors’ schemes of arrangement under the Companies Ordinance.
Mr. Scott SC, JP authored Electronic Signatures and Related Issues with DVC's Jonathan Lee. This article appeared in The Hong Kong Lawyer's e-newsletter dated 14th May 2021.