04/14/2022
Enforcing an arbitral award in Hong Kong
Under the domestic legal framework, Hong Kong SAR courts have continually demonstrated their support for arbitratio
Court Cases
04/12/2022
Mistake or conscious risk taking?
These cases taken together show that it will be a question of fact and degree whether the misappreciation of the degree of risk knowingly taken is so serious as to amount to a mistake and/or justify the Court withholding relief.
04/06/2022
Scottish court gives investigators ‘time and space’ in financial crime cases
TSB reported suspicious activity to the National Crime Agency (NCA), which refused to allow transactions on the account.
03/31/2022
Scottish court guides trustees on use of indemnity clauses in trust deeds
The trustee of the Plumbing and Mechanical Services (UK) Industry Pension Scheme had experienced difficulties in applying employer debt legislation laid out in section 75 of the Pensions Act 1995.
03/31/2022
Singapore court declines to set aside arbitral award on public policy grounds
The agreement obliged CHY to pay the put price to buy CIA’s put shares in CHZ.
03/30/2022
Court rejects fraud claim in connection with Porton Capital liquidation
The judge noted that the decision only concerned the “narrow issue” of the alleged fraud in relation to the liquidation and dissolution of the Porton companies.
03/28/2022
T-Bills Mutual Fund: Grand Court sanctions ground-breaking SEC resolution
The complaint stated that the two individuals, Ofer Abarbanel and Victor Chilelli, misappropriated investor funds by diverting these monies into shell companies in uncollateralized loan transactions in violation of the Fund's prospectus and in breach
03/25/2022
Standing in judicial review proceedings: no ‘carte blanche’ for public interest groups
Standing is concerned with who may bring a claim in judicial review and, for successive governments, it has been “ripe for review” for some time.
03/25/2022
Eastern Caribbean Court of Appeal enforces Qatari Royal Family oral will and holds that BVI shares are movable property
The court dismissed the appeal and affirmed the decision of Justice Ellis in the BVI High Court below.
03/24/2022
Spain’s ex-king Juan Carlos faces London trial after immunity claim loss
The former monarch is being sued in London’s High Court by his ex-lover Corinna Zu Sayn-Wittgenstein
03/23/2022
A cautionary tale - Employment Tribunal judgment highlights need to tackle employee non-compliance with AML/CFT obligations
Mourant acted for Concentric in successfully defending an unfair dismissal claim brought by an employee who was summarily dismissed for failing to raise an internal suspicious activity report.
03/20/2022
Walkers Corporate sues ministry in beneficial ownership info dispute
The Cayman Islands government is under pressure to demonstrate to the Financial Action Task Force by May of this year that it has implemented an agreed action plan.
03/17/2022
Banks’ Quincecare duty in APP fraud cases extended
APP frauds occur where a victim authorises a bank transfer into an account which they believe is controlled by a legitimate payee, but actually belongs to a fraudster.
03/14/2022
Supreme Court finds in favour of right to privacy for those subject to criminal investigation
The Court of Appeal upheld this decision.
03/06/2022
Former Redcentric CFO sentenced to five and a half years imprisonment
When the true position was revealed, shareholders suffered immediate losses in the value of their shares.
03/04/2022
A Bit too insecure
Tulip, a Seychelles incorporated company, whose ultimate beneficial owner claims to have created Bitcoin under the pseudonym “Satoshi Nakamoto”, was ordered to pay security for costs.
03/04/2022
JCT insolvency ruling: time limit on termination not condition precedent
The court noted that there was no previous authority for this ’creditor vs creditor’ challenge.
03/03/2022
High Court: UK director ‘had knowledge’ of company’s VAT fraud
The company also purchased goods from UK entities subject to VAT and then exported them onwards to EU customers VAT free.
02/28/2022
Mayer Brown secures favorable jury verdict for AIG
The jury also found that Conduent breached its duties under the policy to cooperate and to seek written consent in connection with the settlement.
02/25/2022
South African court confirms arbitrator can rule on own jurisdiction
The SCA’s judgment provides effective and straight-forward guidance on this issue.