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  • Article

    Recent Developments In Respect Of Unfair Preference Claims

    An unfair preference claim is a powerful tool for liquidators to recover assets of the company when a creditor’s position has been unfairly improved by the company prior to its winding up.
    Hong KongInsolvency/Bankruptcy/Re-Structuring
    Tanner De Witt
    Tanner De Witt
  • Article

    Sale of Pirated DVDs by Foreigners in China – Criminal Act or Copyright Infringement

    The following case attracted substantial publicity both in China and elsewhere for several reasons. Firstly, it was the first case of a judgment being published by an Intermediate People’s Court in China involving the illegal sale of pirated DVDs in China in which foreigners were punished.
    Hong KongIntellectual Property
    Angela Wang & Co.,
Angela Wang & Co.,
  • Article

    Court Grants Anti-Suit Injunction To Restrain Foreign Proceedings In Breach Of An Arbitration Agreement Under An Insurance Policy

    They sought damages for the injuries that Mrs McCullough sustained.
    Hong KongLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Court Of Appeal Adopts A Broader And More Generous Interpretation Of "Client" For Legal Advice Privilege

    On 29 June 2015, the Court of Appeal handed down judgment in the case of Citic Pacific v. Secretary for Justice and rejected the narrow definition of "client" found in the leading English Court of Appeal case on legal advice privilege, Three Rivers (No.5).
    Hong KongLitigation, Mediation & Arbitration
    Mayer Brown
    Mayer Brown
  • Article

    Hong Kong Court Makes Security For Costs Order Against Mainland Parties With No Assets In Hong Kong

    In Y and Another v GI and Another [2025] HKCFI 1317, the Hong Kong Court of First Instance ("Court") allowed the defendant's application for security for costs against the plaintiffs...
    Hong KongLitigation, Mediation & Arbitration
    Bryan Cave Leighton Paisner
    Bryan Cave Leighton Paisner
  • Article

    Hong Kong Court Of First Instance Rejects Police's Informal Freezing Powers Via Letters Of No Consent

    In the recent case of Tam Sze Leung & Ors v. Commissioner of Police [2021] HKCFI 3118, the Court of First Instance held that (1) the Commissioner of the Police acted ultra vires...
    Hong KongLitigation, Mediation & Arbitration
    Winston Taylor
    Winston Taylor
  • Article

    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] HKCFI 1799. The CFI was confronted with the question...
    Hong KongLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Not Knowing The Identity Of The Wrongdoer? A Third Party Can Help!

    X stole the money of Y, deposited the crime proceeds into Bank A and further transferred it to other banks.
    Hong KongLitigation, Mediation & Arbitration
    Tanner De Witt
    Tanner De Witt
  • Article

    Treatment Of Gifts And Heirlooms In A Divorce

    In financial proceedings on divorce, both spouses will be required to disclose their personal belongings, which may include items that they have received by way of gift...
    Hong KongFamily and Matrimonial
    Gall
    Gall
  • Article

    Hong Kong Court Of First Instance Rules JFIU's "No Consent Regime" Is Beyond The Scope Of Its Powers

    On 30 December 2021, the Hong Kong Court of First Instance (CFI) issued its judgment in Tam Sze Leung and others v Commissioner of Police [2021] HKCFI 3118, which found the Joint Financial Intelligence Unit's (JFIU)...
    Hong KongFinance and Banking
    Mayer Brown
    Mayer Brown
  • Article

    Back To Basics – Hong Kong Court Of Appeal Queries Approach To Winding-Up Petitions Where Arbitration Is Involved

    The Hong Kong Court of Appeal has suggested that a previous Court decision may have overstepped the mark by suggesting that an arbitration clause in a client agreement should...
    Hong KongLitigation, Mediation & Arbitration
    Hogan Lovells
    Hogan Lovells
  • Article

    Business As Usual: Hong Kong Court Of Appeal Endorses The Use Of Letters Of No Consent

    The Court of Appeal recently overturned the Court of First Instance decision in Tam Sze Leung & Ors v Commissioner of Police [2023] HKCA 537 that the "letters of no consent regime (LNC Regime)...
    Hong KongLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Fresh Evidence On Appeal: Recent Comments From The Eastern Caribbean Court Of Appeal

    It is an important policy of appellate jurisdictions that litigants should not be permitted to use the appeals process as an opportunity to improve upon the evidence they relied on in the court...
    Hong KongLitigation, Mediation & Arbitration
    Ogier
    Ogier
  • Article

    Hong Kong Court Dismisses Work Injury Claim Over Failure To Accurately Declare Health Condition

    The successful defence of a HK$9 million Hong Kong industrial accident claim is noteworthy from a recent decision handed down by the Court of First Instance in the case of Thapa Hari Bahadur...
    Hong KongLitigation, Mediation & Arbitration
    Mayer Brown
    Mayer Brown
  • Article

    Hong Kong Court Provides Guidance On Interim Relief In Support Of PRC Proceedings

    The Hong Kong Court in Zong and others v Zong and another[2025] HKCFI 3355 has provided important guidance on applications for interim relief under...
    Hong KongLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Hong Kong Court: Remission For Reconsideration – Not An Automatic Cure For Substantial Injustice

    In P v. M [2019] HKCFI 1864; HCCT 6/2019 (24 July 2019), the Hong Kong Court of First Instance set aside parts of two arbitral awards
    Hong KongLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Liquidated Damages On Work Never Completed

    PTT would however be entitled to recover damages at large, based on ordinary principles and subject to proof by PTT.
    Hong KongReal Estate and Construction
    Hogan Lovells
    Hogan Lovells
  • Article

    When Is A Parent, A Legal Parent? Legal Considerations Every Would-be (International) Parent Should Know About

    In England and Wales, registration is usually evidence of legal parentage but, that is not always the end of the story. Where there is dispute between would-be parents...
    Hong KongFamily and Matrimonial
    Withers LLP
    Withers LLP
  • Article

    The Pilot Scheme For Voluntary Mediation In The Construction and Arbitration List High Court of Hong Kong

    Leading the way in the civil justice reforms in Hong Kong is the Construction and Arbitration List High Court with the recent implementation of a pilot scheme for voluntary mediation for cases in the Construction and Arbitration List (the scheme). The scheme is scheduled to run from 1 September 2006 until 31 August 2008. Specific details of the scheme are set out in Practice Direction 6.3 of the Construction and Arbitration List.
    Hong KongStrategy
    Pinsent Masons
    Pinsent Masons
  • Article

    UK Supreme Court Re-Formulates The Test For Determining Unenforceable Contractual Penalties

    It is a basic and long-standing common law principle in the law of contract that a provision in a contract which is construed a penalty cannot be enforced.
    Hong KongCorporate/Commercial Law
    Conyers
    Conyers
  • Showing 161–180 of 256 results

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