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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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

High Court Hands Down Wide Ranging Judgment Concluding Long Running Proceedings in the Burnden Litigation

On 19 June 2019, Zacaroli J handed down a judgment concluding the long running proceedings brought by Burnden Holdings (UK) Ltd (“BHUK”) and its liquidator against two former directors, Mr and Mrs Fielding (the “Fieldings”), in respect of a grant…

Caroline Mattin

High Court Confirms that the Corporations Act Priority Scheme Applies to Insolvent Corporate Trustees

Section 433 of the Australian Corporations Act 2001 (Cth) (Corporations Act) provides that, in respect of property subject to a circulating security interest, payment of certain debts has a priority over others.  One category of debts which has priority is…

Allie Umoff

Interim Relief in Aid of Arbitral Proceedings: Mutual Assistance between Mainland Chinese and Hong Kong Courts

The Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the HKSAR (the “Arrangement”), signed by the Mainland Supreme People’s Court (the “SPC”) and the HKSAR Department of…

Brooke Holden and Jenna Yuen

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
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