LK Blog

The Good, the Bad and the Arguable: UK Courts Give Guidance on the Test of ‘Good Arguable Case’

In cross-border litigation the plaintiff must obtain the court’s permission to serve out of the jurisdiction by showing that its claim comes within one or more of the jurisdictional ‘gateways’ listed in [3.1] of Practice Direction 6B. The test which…

Mark Giddings

Fraud Unravels Everything: The Test for Admission of Fresh Evidence in an Action to Rescind a Judgment Obtained by Fraud

Lord Denning in Lazarus Estates Ltd v Beasley [1956] 1 QB 702 famously said, “Fraud unravels everything. The court is careful not to find fraud unless it is distinctly pleaded and proved; but once it is proved, it vitiates judgments,…

Mark Giddings, Bimaya De Silva and Natasha Wilson-Beddoe

The Influence of Canada’s Livent Litigation on Audit Negligence Cases

The Livent litigation, which has received significant attention in Canada and elsewhere, came to a close on 20 December 2017 when the Supreme Court of Canada handed down its decision in Deloitte & Touche v Livent Inc [2017] 2 SCR…

Andrew Tarnowskyj and Mark Giddings

You Can’t Take it with You: Funeral Business Ordered to Account for Total Value of Business Dishonestly Obtained from Competitor

Foresters, a hitherto unsuccessful funeral products business, who had acquired the benefit of a profitable funeral products business by knowingly assisting two employees of a competitor to dishonestly breach their fiduciary duties, was required to disgorge the total capital value…

Kevin Kee

Though Much is Taken, Much Abides: Illegality after Patel v Mirza

Patel v Mirza [2017] AC 467 was a pivot point for the illegality doctrine in English law. It represents an attempt to re-orient the law to enable the courts to discuss more transparently the policy factors undergirding their decisions and…

Kevin Kee

High Court of Australia Confirms the Validity of a “Holding” Deed of Company Arrangement

In Mighty River International Ltd v Hughes [2018] HCA 38, the High Court confirmed the validity of a deed of company arrangement (“deed”) binding a company and its creditors to an extension of the period of a voluntary administration while…

Mark Giddings

Trust but Verify: Foreign Trustee’s Liability Under English Agreement Limited by Foreign Law

A Jersey trustee’s liability under an English law governed loan agreement was limited by Jersey trust law, the Privy Council has held.  In doing so, the Privy Council laid down a general rule applying to foreign entities, including unincorporated entities. …

Kevin Kee and Andy Lau

Victorian Court of Appeal Provides Guidance on Whether the Corporations Act Priority Scheme Applies to Insolvent Corporate Trustees

In the recent decision of Commonwealth of Australia v Byrnes and Hewitt [2018] VSCA 41 (Commonwealth v Byrnes), the Victorian Court of Appeal provided guidance on the contentious question of whether a corporate trustee’s right of indemnity from trust assets…

Kate McFarlane

Caparo is Dead, Long Live Caparo! English Supreme Court Decides Foundational Principles Regarding Duty of Care

The history of the modern law of negligence has been shaped by competing impulses of unity and division. One court seeks to formulate general principles to identify whether a person owes a duty of care to another. Later courts reject…

Kevin Kee

Freezing Assets of a Non-Defendant – Chabra Injunctions in the Hong Kong Court of Appeal

A court may make an order freezing a person’s assets even if that person is not a defendant to proceedings and even if the plaintiff has no cause of action against that person.  Such an injunction is called a “Chabra”…

Ellie Ruiz
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