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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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

Legal Advice Privilege, Dominant Purpose and Multi-addressee Emails: Don’t Wing It!

On 28 January 2020, the English Court of Appeal handed down its decision in Civil Aviation Authority v R (Jet2.com Limited) [2020] EWCA Civ 35. It is the first time that the English Court of Appeal has authoritatively decided that…

Emily Gillett and Simon Collier

Not Measuring Up – the Federal Court of Australia Finds that the Conduct of a Liquidator Falls Short of the Standard of Reasonable Care and Diligence

The decision of the Federal Court of Australia in Commissioner of Taxation v Iannuzzi (No 2) [2019] FCA 1818 (‘Iannuzzi’) considered the scope and content of a liquidator’s standard of reasonable care and diligence.  The liquidator in question was found…

Madeleine Harland

Dead and Finally Laid to Rest: Supreme Court Nails the Stone & Rolls Coffin on the Issue of Attribution and Illegality

The United Kingdom Supreme Court recently handed down its decision in Singularis Holdings Limited (In Official Liquidation) v Daiwa Capital Markets Europe Limited [2019] UKSC 50, [2019] 3 WLR 997, a dispute arising from the Saad Group collapse. In this…

Madeleine Harland and Vaiben Lipman

The Long Arm of English Insolvency Law: Does Section 236(3) of the Insolvency Act Extend to Persons Abroad?

The recent decision of the High Court of England and Wales in Wallace v Wallace [2019] EWHC 2503 (Ch) (‘Wallace’) explores the interesting question of whether the evidence gathering powers available to a Liquidator under section 236(3) of the Insolvency…

Madeleine Harland and Anne Mignone

Unlawful Means Conspiracy: Is Knowledge of Unlawfulness Needed?

Claims for unlawful means conspiracy are enjoying a rise in popularity. There are a number of potential reasons for this, including the rise of large scale cross-border fraud where a wide-ranging cause of action may appear attractive to capture increasingly…

Lucas Arnold and Hana Kapadia
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