LK Blog

The LK Blog aims to provide timely analysis and commentary on decisions of interest from the leading appellate courts and important industry developments.

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An Office Fit for a King – Shadow and de Facto Directors in Australia

The High Court of Australia has unanimously overruled a decision of the Queensland Court of Appeal that imposed a restricted definition of ‘officer’ in section 9(b)(ii) of the Corporations Act 2001 (Cth) (“Act”). The effect of the decision below was…

Harley Schumann and Franklin Koo

Corporate Attribution and the Illegality Defence in Cases of Corporate Fraud

The Ontario Court of Appeal has considered the application of the corporate attribution doctrine and the illegality defence of ex turpi causa in Caja Paraguaya de Jubilaciones y Pensiones del Personal de Itaipu Binacional v Garcia, 2020 ONCA 124. The…

Mark Giddings and Andrew Tarnowskyj

Forcing Asset Disclosure: When Even Committal Proceedings are Not Enough

In Lakatamia Shipping Company Ltd v Su [2020] EWHC 865 (Comm), the English Commercial Court has recently supplemented the arsenal of the claimant against a defendant who refuses to produce asset disclosure. It did so by granting an order that…

Emily Gillett and Lucas Arnold

High Jinx in Arbitration

In the recent case of Hai Jing 1401 Pte v Singapore Technologies Marine Ltd [2020] SGHC 20, the High Court of Singapore decided that where a defendant to a claim under a contract denies it is party to that contract,…

James Hayton and Emily Gillett

The Road to Profit is Not Always Paved with Good Intentions

In a recent decision, the English High Court has found the Royal Bank of Scotland (“RBS”) (now Natwest Markets), together with one of its subsidiaries (“RBS SEEL”), liable for dishonest assistance and fraudulent trading. The Defendants were found to have…

Jordan Moulds

Uncapped Adverse Costs Orders Against Litigation Funders

The English Court of Appeal has held that the “Arkin Cap” (taken from the decision in Arkin v Borchard Lines Ltd (Nos 2 and 3) [2005] 1 WLR 3055) should not automatically be applied to restrict litigation funders’ liability for…

Emily Gillett

Fairness v Contractual Rights – the Court’s Control over Administrators, Court-Appointed Liquidators and other Officers of the Court

The Court of Appeal in England has decided that administrators, as officers of the court, may not be entitled to rely upon rights under a contract freely entered into by both parties if reliance upon those rights would be unfair…

Emily Gillett

Regulating Inroads to Privilege: Only Statutory Exceptions to Privilege can be used to Compel Disclosure

The English Court of Appeal recently delivered its decision in Sports Direct International Plc v Financial Reporting Council [2020] EWCA Civ 177, partially allowing Sports Direct’s appeal. The Court of Appeal overturned the High Court’s finding that regulators may be…

Emily Gillett and Kam Dhaliwal

Genuine Belief that Proceeds are “Clean” is not Necessarily an Answer to a Charge of Money Laundering

On 5 December 2019, the Hong Kong Court of Final Appeal (“CFA”) handed down its decision in HKSAR v Harjani Haresh Murlidhar [2019] HKCFA 47. In its judgment, the CFA reformulated the test for determining whether a person is guilty of…

Vishal Melwani and Franklin Koo

Hong Kong Court Recognises Mainland Insolvency Proceedings

Unlike many other developed legal systems, Hong Kong lacks any legislative power to recognise and assist foreign insolvencies.  Accordingly, a foreign insolvency officeholder (such as a liquidator) who wishes to take advantage of liquidator powers in Hong Kong must rely…

Harley Schumann and Elizabeth Carroll-Shaw
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