In Lok Momin v Hospital Authority [2019] 2 HKLRD 152, the Hong Kong Court of First Instance held that the doctrine of partial waiver of privilege cannot apply to privileged documents disclosed at the trial of a preliminary issue so as to preserve privilege over those documents at the subsequent main trial. Background The question … Read more
Click here for a sneak preview With the launch of this new Guide, our market-leading litigation team has wrapped up a three-year project during which it produced eight issues of the Contract Disputes Practical Guide series for Hong Kong, an initiative that has been hugely popular with clients in the territory. We have also … Read more
As the number of cross-border disputes increase, it is becoming more common for parties to wish to enforce a court judgment issued in one jurisdiction in another jurisdiction. In April 2019, Singapore’s Ministry of Law issued a public consultation paper on proposed amendments to Singapore’s regime for recognising and enforcing foreign judgments. Read more
In Banco De Chile v Yong Ming Tai Technology Trade Co Ltd [2019] HKCFI 316, the Court of First Instance (“Court“) held that where a plaintiff applying for an injunction order is a foreign party with no assets in the jurisdiction, that factor would weigh significantly in favour of ordering a plaintiff to fortify its … Read more
Employers can suffer significant financial and reputational damage from the actions of their employees. While dismissal with or without notice is the most common recourse for serious misconduct or negligence, increasingly employers are looking to take stronger action by recovering their losses from employees guilty of wrongdoing. An employer did just that in the recent … Read more
Japan’s Consumer Affairs Agency is currently considering amendments to expand the scope and increase the effectiveness of Japan’s whistleblower protection laws. The proposal is earmarked for implementation later this year. Current status of whistleblower protections in Japan Whistleblowers are protected under the Whistleblower Protection Act (Act No. 122 of 2004), which prohibits discriminatory treatment of … Read more
In Li Lian Dong and Others v Shen Yi (2018) Jing 04 Min Te 541, a first instance decision made earlier this year, the Beijing 4th Intermediate People’s Court considered whether the court’s power to set aside an arbitral award extends to setting aside the parties’ settlement formally given effect to by the arbitral tribunal … Read more
In Re Kaoru Takamatsu [2019] HKCFI 802, [2019] HKEC 906, the Hong Kong Court of First Instance has recognised Japanese insolvency proceedings and granted assistance to a trustee in bankruptcy appointed by the Japanese Court. Mr Justice Harris commented that this was the first application of its kind from Japan. He held that it is … Read more
