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.


Hong Kong Court of Appeal Looks to English and Australian Case Law on the Test for Setting Aside Judgments Obtained by Fraud

The Hong Kong Court of Appeal in Mayer Corp Development International Ltd v Alliance Financial Intelligence Ltd [2019] HKCA 777 (Mayer v Alliance) has addressed the principles applicable to setting aside judgments obtained by fraud. In doing so the Court…

Mark Giddings and India Short

Court of Appeal Takes a Hard Look in the Mirror: the Policy Behind Reflective Loss

The Court of Appeal of the Cayman Islands handed down its decision in Primeo Fund (In Official Liquidation) v Bank of Bermuda (Cayman) Limited and HSBC Securities Services (Luxembourg) SA CICA (Civil) Appeal No. 21 of 2017 on 13 June…

Andrew Tarnowskyj and Seamus Brand

Fraud Trumps Finality: Supreme Court Rejects Due Diligence Requirement in Challenge of Judgment Obtained by Fraud

The United Kingdom Supreme Court has handed down its much anticipated judgment in Takhar v Gracefield Developments Ltd [2019] UKSC 13 (‘Takhar’). The appeal concerned the test for the admission of fresh evidence in a collateral attack on a judgment…

Mark Giddings, Bimaya De Silva and Natasha Wilson-Beddoe

Claims Against Auditors for Negligent Advice: Assessing when the SAAMCO Principle will Apply

A professional is liable in negligence for losses suffered by their client falling within the scope of the professional’s duty. Where the professional provided negligent information or advice relating to a transaction, an issue that often arises is whether all…

Lucas Arnold

The Good, the Bad and the Arguable: UK Courts Give Guidance on the Test of ‘Good Arguable Case’

In cross-border litigation the plaintiff must obtain the court’s permission to serve out of the jurisdiction by showing that its claim comes within one or more of the jurisdictional ‘gateways’ listed in [3.1] of Practice Direction 6B. The test which…

Mark Giddings

Fraud Unravels Everything: The Test for Admission of Fresh Evidence in an Action to Rescind a Judgment Obtained by Fraud

Lord Denning in Lazarus Estates Ltd v Beasley [1956] 1 QB 702 famously said, “Fraud unravels everything. The court is careful not to find fraud unless it is distinctly pleaded and proved; but once it is proved, it vitiates judgments,…

Mark Giddings, Bimaya De Silva and Natasha Wilson-Beddoe

The Influence of Canada’s Livent Litigation on Audit Negligence Cases

The Livent litigation, which has received significant attention in Canada and elsewhere, came to a close on 20 December 2017 when the Supreme Court of Canada handed down its decision in Deloitte & Touche v Livent Inc [2017] 2 SCR…

Andrew Tarnowskyj and Mark Giddings

You Can’t Take it with You: Funeral Business Ordered to Account for Total Value of Business Dishonestly Obtained from Competitor

Foresters, a hitherto unsuccessful funeral products business, who had acquired the benefit of a profitable funeral products business by knowingly assisting two employees of a competitor to dishonestly breach their fiduciary duties, was required to disgorge the total capital value…

Kevin Kee

Though Much is Taken, Much Abides: Illegality after Patel v Mirza

Patel v Mirza [2017] AC 467 was a pivot point for the illegality doctrine in English law. It represents an attempt to re-orient the law to enable the courts to discuss more transparently the policy factors undergirding their decisions and…

Kevin Kee

High Court of Australia Confirms the Validity of a “Holding” Deed of Company Arrangement

In Mighty River International Ltd v Hughes [2018] HCA 38, the High Court confirmed the validity of a deed of company arrangement (“deed”) binding a company and its creditors to an extension of the period of a voluntary administration while…

Mark Giddings


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