LK Blog

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

Corporate Attribution and the Illegality Defence in Cases of Corporate Fraud

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 Tarnowskyj

Forcing Asset Disclosure: When Even Committal Proceedings are Not Enough

In 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 Arnold

High Jinx in Arbitration

In 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 Gillett

The Road to Profit is Not Always Paved with Good Intentions

In 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 Moulds
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