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In the recent case of A1 and Another v. R1 and Others [2021] HKCFI 650, the Court of First Instance has, for the first time in a reported Hong Kong judgment, granted a Norwich Pharmacal order for disclosure relating to bank accounts held in overseas branches of banks incorporated in Hong Kong. Herbert Smith Freehills … Read more
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 updated Guide to Dispute Resolution in Asia Pacific aims to provide answers to some of … Read more
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 Limited and Others [2016] EWHC 256 (Ch). Based on the US's experience, this case will likely … Read more
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 useful recap on the principles relating to pre-action discovery in Hong Kong and draws an … Read more
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 e-discovery. More importantly, the Court applied the general principles contained in the new Practice Direction, … Read more
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 courts. Among other issues, the amendments are intended to address and provide for proportionality in … Read more
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. Read more
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 anticipated future developments in relation to the key areas identified. Read more
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 information and documentation in the course of an investigation conducted under the Prevention of Bribery … Read more