Tag Archives: UK court decisions

Legal advice privilege only covers advice from lawyers, says the Hong Kong Court of Appeal

In the recent case of Super Worth International Ltd & Ors v Commissioner of the ICAC & another (CACV 168/2015), the Hong Kong Court of Appeal (the "Court") adopted the UK Supreme Court's reasoning in R (on the application of … Continue reading

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Filed under Evidence, Hong Kong

UK Supreme Court rewrites English law rule on penalties whilst Hong Kong (for the moment at least) still continues to follow the traditional test

In a judgment handed down on 4 November, the UK Supreme Court has in effect re-written the rule on contractual penalties in England & Wales, holding that the underlying rationale of the rule in English law has been misunderstood and … Continue reading

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Filed under Contract, Hong Kong

The English High Court pierces the corporate veil using the “evasion principle”

In Paul David Wood & Anor v Timothy Darren Baker & Ors, the joint trustees in bankruptcy of the bankrupt's property successfully obtained injunctions freezing the assets and business of the respondents and restraining them from dealing with such assets … Continue reading

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Filed under Private wealth and trusts

Interpretation or rectification — when and how can the Court uphold an unclear Will according to the testator’s intentions

In In the matter of the Estate of Florence Rosemary Harte (Deceased) ("Re Harte"), the English High Court had to decide when and how to interpret and rectify a Will to reflect the testator's true intentions. Re Harte affirmed the … Continue reading

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Filed under Private wealth and trusts

England: Extending Mareva injunctions to trustees

Herbert Smith Freehills Disputes Notes has already reported on the litigation between JSC Mezhdunarodniy Promyshlenniy Bank (Mezhprom) and Sergei Viktorovich Pugachev (Mr Pugachev) (see our article of 27 November 2014) . In a new decision, the Court has extended the … Continue reading

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Filed under Private wealth and trusts

Commercial Court in England finds forum non conveniens waiver clause does not necessarily preclude stay on grounds of forum non conveniens

In Standard Chartered Bank (Hong Kong) Limited and another v Independent Power Tanzania Limited and others [2015] EWHC 1640 (Comm), the Commercial Court in England has held that a non-exclusive jurisdiction clause combined with a forum non conveniens (FNC) waiver … Continue reading

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Filed under Jurisdiction

Hong Kong Court of Appeal rejects the narrow interpretation of “client” and adopts a broader test for legal advice privilege

The Court of Appeal has handed down its much-awaited judgment in Citic Pacific Limited v Secretary for Justice and Commissioner of Police (unrep, 29/06/2015, CACV 7/2012), a copy of which was made available today and can be accessed here. In … Continue reading

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Filed under Hong Kong

English Commercial Court rules that an unsigned agreement can still bind the parties

The English Commercial Court has ruled that a party had accepted the terms of an agreement by its conduct, even though it had not signed the agreement and the agreement purported to require the signatures of both parties to take … Continue reading

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Filed under Contract

English High Court decision highlights need for tight drafting of settlement terms

In the context of high profile celebrity phone hacking lawsuits, the English High Court has struck out claims for phone hacking on the basis that they were compromised by settlement agreements previously agreed between the claimants and the defendant newspaper … Continue reading

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Filed under Contract

English High Court upholds disclosure order regarding interests of a beneficiary under discretionary trusts

In JSC Mezhdunarodniy Promyshlenniy Bank and Another v Sergei Viktorovich Pugachev and Others [2014] EWHC 3547 (Ch), the English High Court upheld a disclosure order against one of the beneficiaries of discretionary trusts (granted as part of a worldwide freezing … Continue reading

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Filed under Private wealth and trusts