Legal Updates

28Jun2024

Marriage Equality in Hong Kong: Progress and Next Steps

Pride Month aims to raise awareness around equality and celebrating our LGBTQIA+ people and communities and to raise awareness of issues that affect them and steer conversation and action towards positive change. Recently in celebration of Pride Month, ten LGBTQIA+ couples tied the knot in…Read More

26Jun2024

Legal update: Privy Council’s decision in Sian Participation Corp (In Liquidation) v. Halimeda International Ltd – are we back to square one?

This note updates a series of Tanner De Witt articles on the interaction between dispute resolution clauses and the Court’s insolvency jurisdiction. The previous articles are: The update arises because of the widely reported Privy Council decision in Re Sian Participation Corp[1] that the English…Read More

14Jun2024

Tanner De Witt Successfully Defends Former Director Against Fraud and Conspiracy Charges in a White-Collar Crime Trial

In a significant white-collar criminal trial of Hong Kong, Tanner De Witt secured the acquittal of Mr. Leslie Harry Swann. The case revolved around the activities of a concrete compression test lab operated by a multinational company, where Mr. Swann served as a project director. This lab was…Read More

14Jun2024

Insider Dealing – The case against Segantii Capital Management Limited and certain officers

On 2 May 2024, the Securities and Futures Commission (“SFC”) announced that it has commenced criminal proceedings against Segantii Capital Management Limited (“Segantii”), its director and chief investment officer Mr Simon Sadler, and former trader Mr Daniel La Rocca (together, the “Officers”) for the offence…Read More

07Jun2024

Legal Update: Standish v Standish [2024] EWCA Civ 567

The decision in the case of Standish v Standish, Court of Appeal, England & Wales, concerns a high-profile divorce settlement and primarily concerns pre-marital contributions to the asset pool. In an unprecedented move, the Court of Appeal reduced the award to the Wife by GBP20…Read More

08May2024

DAO and the Law: The Future

Decentralised Autonomous Organisations (DAOs) are an emerging method for organising community based activities using blockchain technology. In the final article in this series exploring legal issues related to DAOs in Hong Kong, Pádraig Walsh from the Digital Services and Fintech practice of Tanner De Witt…Read More

06May2024

Stop resisting! Solicitors must deliver up the client files of its former insolvent client to the liquidators.

In what can only be described as a regretful sequence of events, a firm of solicitors was ordered to pay indemnity costs for unreasonably refusing to deliver up its former client’s files to the liquidators where no lien was claimed.  Legal practitioners should bear in…Read More

03May2024

DAOs and the law: Enforcement

Decentralised Autonomous Organisations (DAOs) are an emerging method for organising community based activities using blockchain technology. In the fourth of a series of articles exploring legal issues related to DAOs in Hong Kong, Pádraig Walsh and Shirley Kong from the Digital Services and Fintech practice…Read More

02May2024

A “one stop” recognition order requiring non-responsive third parties to comply

Given Hong Kong’s status as an international financial hub and the fact that more than 75% of the companies listed on the main board of the Hong Kong Stock Exchange are incorporated in either the Cayman Islands or in Bermuda (only around 11 percent are…Read More

29Apr2024

The Legacy of Re Guy Lam Lives on

The landmark Court of Final Appeal (“CFA”) decision of Re Guy Lam[1] has generated numerous articles written by practitioners and academics on the interaction between exclusive jurisdiction clauses and the court’s jurisdiction to wind up or bankrupt a debtor.  Following the CFA’s decision, the Guy…Read More

26Apr2024

The Use of Mediation in International Child Abduction Cases

Introduction An occurrence of international child abduction evokes negative emotions and strong condemnation. The unauthorised removal of a child from the loving care of a parent across international lines is obviously unacceptable. Equally so, is the retention of a child abroad without mutual parental consent. …Read More

24Apr2024

DAOs and the law: Securities law

Decentralised Autonomous Organisations (DAOs) are an emerging method for organising community based activities using blockchain technology. In the third of a series of articles exploring legal issues related to DAOs in Hong Kong, Pádraig Walsh and Shirley Kong from the Digital Services and Fintech practice…Read More