Tag Archives: Court of Appeal
Hong Kong Court of Final Appeal clarifies “innocent purpose” defence to insider dealing
The Hong Kong Court of Final Appeal (CFA) has recently allowed the Securities and Futures Commission’s (SFC) appeal against the Market Misconduct Tribunal’s (MMT) findings that two former executives of a listed company (ATML), Mr Charles Yiu Hoi Ying and … Continue reading
COURT OF APPEAL DECISION IN ENRC: ORTHODOXY RESTORED ON LITIGATION PRIVILEGE, BUT NARROW INTERPRETATION OF “CLIENT” REMAINS FOR NOW
The Court of Appeal has today handed down its eagerly awaited decision in the ENRC appeal: The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd [2018] EWCA Civ 2006. At first instance, the High Court took a restrictive … Continue reading
Latest bank victory – Hong Kong High Court dismisses mis-selling claim
The Hong Kong Court of First Instance has recently handed down its judgment in Shine Grace Investment Ltd v. Citibank, N.A. and Another (HCCL 28/2008), a case relating to alleged mis-selling of equity accumulator contracts by Citibank. In dismissing the … Continue reading
Hong Kong Court of Appeal finds against bank on the basis that the bank’s exclusion of liability clauses were unconscionable and unreasonable
The Hong Kong Court of Appeal (CA) has recently affirmed a decision of the Court of First Instance (CFI), in which a ruling was made in favour of the plaintiff investors in a mis-selling claim against a bank, albeit on … Continue reading
Filed under Announcements, Hong Kong
Court of Appeal decides extended warranties are regulated insurance products
Re Digital Satellite Warranty Cover Limited There has been legal uncertainty about whether extended warranties on consumer goods might be regulated insurance products, falling under regulation of the Financial Services Authority (“FSA”). The Court of Appeal has now decided they … Continue reading
Filed under Commercial Litigation, FSA Rules, JURISDICTIONS, UK