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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UK Supreme Court Narrows Reflective Loss Principle

An enlarged panel of the Supreme Court in Sevilleja v Marex Financial Ltd [2020] UKSC 31 (Sevilleja) has considered the scope of the reflective loss principle and the rationale underpinning it. The principle traditionally prevents a shareholder in a company…

Andrew Tarnowskyj and Mark Giddings

Proving Fraud in Complex Commercial Cases

Bringing a successful claim in a large commercial case poses challenges in circumstances where proceedings usually take place many years after the events in question and can involve voluminous documentary and witness evidence. Successfully bringing such a claim where fraud…

Mark Giddings and Tim Bost

Statutory Demands under the Coronavirus Economic Response Package Omnibus Act 2020

This note considers the amendments made in the recently enacted Coronavirus Economic Response Package Omnibus Act 2020 (Omnibus Act) to the statutory demands regime provided for in the Corporations Act 2001 (Cth) (Corporations Act), and, in particular, the significance of…

Allie Umoff

Case Management in Virtual Hearings

More than 100 participants attended the recent ICC International Court of Arbitration webinar on the effective case management of virtual hearings, a pertinent issue facing parties and tribunals at the moment. Held on 18 June 2020, the session featured speakers…

Sylvia Tee and Andy Lau

The Enforcement of Chinese Monetary Judgments by Australian Courts

In a world where business is conducted internationally and law firms operate within a global market, the resolution of commercial disputes often requires steps in more than one jurisdiction. One facet of this is the recognition and enforcement of foreign…

Mark Giddings and Libbee Coulter

Where’s the Trust in a Cryptocurrency Exchange?

On 14 January 2019, the New Zealand cryptocurrency exchange Cryptopia was hacked and approximately NZD$30 million was stolen. By the end of May 2019, Cryptopia had been placed into liquidation. The liquidators were tasked with determining who had an interest…

Emily Gillett, Simon Collier and Tim Bost

Litigation Funding in England and Wales – Funder’s Control and Champerty

In 2016, the Court of Appeal in Excalibur Ventures LLC v Texas Keystone Inc [2016] EWCA Civ 1144 (“Excalibur”) said: “litigation funding is an accepted and judicially sanctioned activity perceived to be in the public interest”. Despite litigation funding now being an established…

Lucas Arnold

Hong Kong Companies Court Judge Calls for Restructuring Powers “Immediately”

Although Hong Kong Courts lack the power to appoint provisional liquidators solely to facilitate restructuring and corporate rescue (so called “soft touch liquidators”), recent cases have held that this does not prevent the court from recognising and assisting foreign liquidators…

Harley Schumann and Franklin Koo

Cryptocurrencies in the Common Law World

A short survey of the key decisions and developments There has been a recent spate of decisions across common law jurisdictions relating to the status of cryptocurrencies as property. The inherent flexibility of the common law has been used to…

Emily Gillett and Caroline Mattin

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
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