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 GiddingsBringing 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 BostMore 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 LauIn 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 CoulterOn 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 BostIn 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 ArnoldAlthough 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 KooA 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 MattinThe 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 KooThe Ontario Court of Appeal has considered the application of the corporate attribution doctrine and the illegality defence of ex turpi causa in Caja Paraguaya de Jubilaciones y Pensiones del Personal de Itaipu Binacional v Garcia, 2020 ONCA 124. The…
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