The 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…
Mark Giddings and Andrew TarnowskyjIn Lakatamia Shipping Company Ltd v Su [2020] EWHC 865 (Comm), the English Commercial Court has recently supplemented the arsenal of the claimant against a defendant who refuses to produce asset disclosure. It did so by granting an order that…
Emily Gillett and Lucas ArnoldIn the recent case of Hai Jing 1401 Pte v Singapore Technologies Marine Ltd [2020] SGHC 20, the High Court of Singapore decided that where a defendant to a claim under a contract denies it is party to that contract,…
James Hayton and Emily GillettIn a recent decision, the English High Court has found the Royal Bank of Scotland (“RBS”) (now Natwest Markets), together with one of its subsidiaries (“RBS SEEL”), liable for dishonest assistance and fraudulent trading. The Defendants were found to have…
Jordan MouldsThe 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 GillettThe 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 GillettThe 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 DhaliwalOn 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 KooUnlike 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-ShawOn 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…
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