LK Blog

LK Welcomes new Principal – Adam Greaves

Lipman Karas LLP is pleased to announce the appointment of Adam Greaves as a principal in the firm. The appointment is part of the firm’s international growth strategy and the first lateral hire at partner level in London since the…

Jason Karas

Petitioning to Wind-up in the Presence of a Binding Arbitration Agreement – is the Protection Worth the Risk?

The potential conflict between winding-up proceedings and arbitration is a resurging topic.  In the recent case of Telnic Limited v Knipp Medien Und Kommunikation GmbH [2020] EWHC 2075 (Ch), the Chancellor of the English High Court found that, in circumstances…

Andy Lau

Doctrine of Penalties: New Zealand Supreme Court Emphasises the Need to Look Beyond Contractual Loss

In the past five years, the doctrine of penalties has come under significant scrutiny in the United Kingdom and Australia. In particular, the courts have expressly moved away from the traditional test in Dunlop Pneumatic Tyre Co Ltd v New…

Brooke Holden and Simon Collier

Changes to the Regulation of Litigation Funding in Australia

Amid a reported increase in the number of class actions over the past decade, the Australian Government has announced changes to the Corporations Regulations 2001 (Cth) to facilitate greater regulatory oversight of litigation funders operating in Australia. The changes, set…

Kristy Zander and Katie Walsh

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

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
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Lipman Karas Pty Ltd
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Australia
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Lipman Karas LLP
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Telephone: +44 20 7400 2180
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