Disclosure

Herbert Smith Freehills launches latest Guide to “Dispute Resolution in Asia Pacific”

Please click here to preview this publication. As a result of a rise in global economic activities around the region, Asia is experiencing the inevitable increase in commercial and investment disputes, both litigation and arbitration, with a multi-jurisdictional dimension. Our … Continue reading

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Filed under ADR, Announcements, Arbitration, China, Class actions, Disclosure, Enforcement, Evidence, Hong Kong, Interim applications, Japan, Jurisdiction, Korea, South East Asia

Use of predictive coding for e-disclosure endorsed by English High Court

A decision of the English High Court handed down on 16 February 2016 has expressly approved the use of predictive coding (also known as technology assisted review) for a large disclosure exercise: Pyrrho Investments Limited & Anr v MWB Property … Continue reading

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Filed under Disclosure, Evidence, Hong Kong

When will the Hong Kong Court grant pre-action discovery?

In Zhang Shouen and another v Standard Chartered Bank (Hong Kong) Ltd HCMP 682/2015, the Court considered whether to grant the applicants' request for pre-action discovery pursuant to section 41 of the High Court Ordinance ("HCO"). This case provides a … Continue reading

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Filed under Disclosure, Hong Kong

Hong Kong Court of First Instance discusses the new Practice Direction on E-Discovery in relation to a specific discovery application

The recent decision in Chinacast Education Corporation and others v Chan Tze Ngon and others is one of particular relevance as it is the first time the Hong Kong Court has referred to the new Practice Direction PDSL 1.2 on … Continue reading

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Filed under Disclosure, Hong Kong

Consultation on Proposed Amendments to the US Federal Rules of Civil Procedure Regarding Discovery

The US Federal Judicial Conference’s Advisory Committee on Civil Rules (the “Advisory Committee”) has proposed a series of amendments to the US Federal Rules of Civil Procedure—the rules that govern the conduct of civil proceedings in the US federal district … Continue reading

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Hong Kong High Court considers the scope of exception to a provisional liquidators’ implied duty of non-disclosure

The High Court in Hong Kong recently examined the circumstances in which a liquidator was able to depart from their implied duty not to disclose documents obtained from third parties under statute or in the furtherance of their legal duty.

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Filed under Disclosure, Evidence, Hong Kong, Insolvency, Interim applications

The Year of the Dragon – a litigator’s review of key cases and developments

As the Year of the Dragon draws to a close we summarise in this e-bulletin some key cases and developments which are likely to be of interest to clients. We also provide (in so far as possible) an indication of … Continue reading

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Filed under ADR, Contract, Disclosure, Employment, Funding, Hong Kong, Interim applications, Private wealth and trusts, Reviews, Uncategorized

Hong Kong Court of Final Appeal rules on privilege against self-incrimination in anti- corruption investigations

In the decision in A v The Commissioner of the Independant Commission Against Corruption [2012] HKCFA 79 handed down on 13 November 2012 the Court of Final Appeal in Hong Kong (CFA) held that a non-suspect party which was required to provide … Continue reading

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Filed under Disclosure, Hong Kong, Investigation and compliance

Court of Appeal rules partial waiver of privilege recognised in Hong Kong

In Citic Pacific Limited v Secretary for Justice  (unrep, CACV 60/2011), the Court of Appeal considered the legal principles relating to the nature and extent of legal professional privilege, and held that the concept of partial waiver of privilege is … Continue reading

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Filed under Disclosure, Hong Kong, Investigation and compliance