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  • Article

    Dealing With Team Moves And The Scope Of Springboard Injunctions: The McLarens Hong Kong Case

    This practice note considers the applicable legal principles in respect of an application for a springboard injunction as well as key takeaways for employers seeking to protect their businesses when key employees depart.
    Hong KongEmployment and HR
    Gall
    Gall
  • Article

    When Does An Insurance Intermediary Need To Disclose Commissions? Judgment From UK Supreme Court May Provide Some Guidance

    In the UK Supreme Court's judgment of Plevin v. Paragon Personal Finance Limited UKSC 61, it was held that the failure to disclose a commission of 71.8 percent made the consumer contract unfair.
    Hong KongInsurance
    Mayer Brown
Mayer Brown
  • Article

    Fracking Fracas – English Court Of Appeal Gives Guidance On Injunctions Against Persons Unknown

    When can the courts issue injunctions against people who cannot be identified but who they suspect may be intending to engage in a wrong?
    Hong KongLitigation, Mediation & Arbitration
    Hogan Lovells
    Hogan Lovells
  • Article

    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 Appeal...
    Hong KongLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    The Case For Recusal: A Summary On WSSA V SYH [2024] HKCA 735

    In the Family Court, it is common to see high conflict and long running cases. Parties may frequently feel aggrieved by strict case management decisions or substantive decisions made by Judge...
    Hong KongLitigation, Mediation & Arbitration
    Tanner De Witt
    Tanner De Witt
  • Article

    Guidance For Trustees Dealing With Insolvent Trusts: The Z Trust Cases

    In October 2022, the Privy Council delivered its judgment in the Z Trust case of Equity Trust (Jersey) Ltd (Respondent) v Halabi (in his capacity as Executor of the Estate of the late Mdam Intisar Nouri)...
    Hong KongInsolvency/Bankruptcy/Re-Structuring
    Conyers
    Conyers
  • Article

    Draft Judicial Interpretation On PRC Company Law

    On 12 April 2016, China's Supreme People's Court (SPC) issued a draft judicial interpretation on the PRC Company Law for public consultation.
    Hong KongCorporate/Commercial Law
    Mayer Brown
    Mayer Brown
  • Article

    Up, Up, And...Not Away - English High Court Faults SPA Target In The Aerospace Industry For Inadequate Financial Projections

    The English High Court, in Triumph Controls UK Ltd v. Primus International Holding Co [2019] EWHC 565 (TCC)
    Hong KongGovernment, Public Sector
    Hogan Lovells
    Hogan Lovells
  • Article

    Liquidators' Personal Liability For Costs

    Liquidators may often consider it necessary to bring proceedings on behalf of the insolvent company to seek to recover assets or obtain compensation on the company's behalf.
    Hong KongInsolvency/Bankruptcy/Re-Structuring
    Clyde & Co
    Clyde & Co
  • Article

    Hong Kong Court Awards Indemnity Costs To Alibaba Group Due To Plaintiffs' Material Non-Disclosure And Forum Shopping

    The internet is borderless, but trademarks are not. A recent Hong Kong case serves as a reminder of the territorial nature and limitation of intellectual property rights.
    Hong KongIntellectual Property
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Can Confidential Information Be Disclosed To Litigation Funders In The BVI?

    In a judgment delivered on 20 October 2022, the Court of Appeal of the Eastern Caribbean Supreme Court affirmed the BVI Commercial Court's order permitting the respondent...
    Hong KongLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    Court Of Appeal Upholds Lower Court's Decision On "Holder" Of A Global Note Certificate

    In our previous blogpost, we discussed the Hong Kong Court's dismissal of a trustee's petition to wind up XJ International Holdings...
    Hong KongLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    HK Court Of Appeal Confirms The Exceptional Nature Of The Taking Of Evidence By Way Of Video Conferencing Facilities

    Amidst the COVID-19 pandemic, various travel restrictions and quarantine requirements remain in place. As the Hong Kong Judiciary recognises in the Guidance Note for Remote Hearings for Civil Business in the Civil Courts...
    Hong KongLitigation, Mediation & Arbitration
    Bryan Cave Leighton Paisner
    Bryan Cave Leighton Paisner
  • Article

    Hong Kong Court Lifts Stay Of Proceedings For Spent Arbitration Agreement

    This case involved an application to lift a stay in favour of arbitration in St Kitts & Nevis.
    Hong KongLitigation, Mediation & Arbitration
    Stephenson Harwood
    Stephenson Harwood
  • Article

    Hong Kong Court Refuses Leave To Appeal Award On Points Of Law

    The Hong Kong Court of First Instance has refused leave to appeal a construction award on points of law because the decision of the arbitrator on the relevant issues was not "obviously wrong"...
    Hong KongLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Maintenance Rights Of Children Born Out Of Wedlock Where The Parentage Is To Be Determined

    The parent of a child born out of wedlock may make a claim for child maintenance pursuant to s.10 of the Guardianship of Minors Ordinance (Cap. 13) ("GMO").
    Hong KongFamily and Matrimonial
    Gall
    Gall
  • Article

    Hong Kong Court Of Final Appeal Considers Sufficient Connection To Wind Up A BVI Company On The Just And Equitable Basis

    The relevant company, Yung Kee Holdings Limited, was a holding company for shares in another BVI company, Long Yau, which in turn operated two Hong Kong subsidiaries carrying on business exclusively in Hong Kong.
    Hong KongCorporate/Commercial Law
    Conyers
    Conyers
  • Article

    Sufficiently Connected? Winding Up Offshore Entities In Hong Kong

    The relevant Hong Kong legislation provides that an unfair prejudice claim can only apply to: (i) a Hong Kong company or (ii) an overseas company which has established a place of business in Hong Kong.
    Hong KongCorporate/Commercial Law
    Walkers
    Walkers
  • Article

    Another Landmark Victory For Hong Kong's LGBT Community

    It is fitting that World Pride Month 2019 brings with it an important victory for Hong Kong's LGBT community.
    Hong KongEmployment and HR
    DLA Piper UK LLP
    DLA Piper UK LLP
  • Article

    Hong Kong Insolvency Law Update: A Happy Sequel To The Legendary Legend Authority

    Experienced insolvency practitioners in Hong Kong are all familiar with Hong Kong Court of Appeal's decision of 1 March 2006 in the liquidation of Legend International Resorts Limited.
    Hong KongInsolvency/Bankruptcy/Re-Structuring
    Mayer Brown
    Mayer Brown
  • Showing 141–160 of 256 results

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