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Passing Off: The Jif Lemon Case (Reckitt & Colman Ltd v Borden Inc)
An article discussing the tort of passing off, with reference to the case Reckitt & Colman Ltd v Borden Inc [1990] 1 All E.R. 873, also known as the Jif Lemon case, a leading decision of the House of Lords on passing off. Passing off…Read More
Something To Chew On!
IP Newsletter, December 2007 Louis Vuitton Malletier (“LVM“), the well-known maker of luxury goods, sued a Las Vegas company, its principal owner and one of its retail distributors for infringement of its LOIUS VUITTON, LV marks and design copyright. Summary judgment dismissing the case was…Read More
No win no fee arrangement in Hong Kong
First prosecution in Hong Kong on champerty and maintenance On 8 July 2008, the Department of Justice spokesman said that the activities of recovery agents in personal injuries cases may constitute offences of champerty and maintenance. In a recent prosecution, which is a first of…Read More
Summary and implications of Practice Direction 3.3
Pilot scheme for voluntary mediation in petitions presented under s168A and s177(f) under the Companies Ordinance Here is a link to the new Practice Direction 3.3 approved by the Chief Judge on 4 September 2008:http://legalref.judiciary.gov.hk/doc/whats_new/prac_dir/html/PD3.3.htm The Practice Direction provides for a pilot scheme for voluntary…Read More
Re HK Sindy Footwears Ltd [2007] 1 HKC 64
Facts This case concerns a Mr Hazan and a Ms Han who were a couple and lived together. In April 2002, Ms Han and Mr Hazan agreed to go into the shoe business together, through the entity HK Sindy Footwears Ltd (Footwears). Mr Hazan did…Read More
Challenges of Cross-Border Insolvencies
The UNCITRAL Model Law on Cross-Border Insolvency, Hong Kong and the Commonwealth Background The United Nations Commission on International Trade Law (UNCITRAL) initiated the Model Law against the backdrop of increasing incidence of cross-border insolvencies. National insolvency laws were considered ill-equipped to deal with cases…Read More
Responsibilities Beyond Regulations: Mis-selling: Civil Liability for Negligence and for giving Negligent Advice
A talk presented to the Hong Kong Confederation of Insurance Brokers Annual Conference 2008. I am going to start with a discussion of the basic principles involved in the tort of negligence and go on to discuss how the law of negligence has been applied…Read More
The New Case Management Regime in the High Court of Hong Kong
Introduction The High Court of Hong Kong (comprising the Court of First Instance and Court of Appeal) has introduced significant reforms of its civil procedure, with new Rules that came into effect on 2 April 2009. The aim of the reforms is, in short, to…Read More
The Time Is Ripe: Introducing a Corporate Rescue Procedure
Introduction On May 13 2009 Secretary for Financial Services and Treasury Professor KC Chan announced that the government is considering the introduction of a new corporate rescue procedure that would provide a statutory grace period for companies facing short-term financial difficulty, allowing them to restructure…Read More
Liquidator’s Avoidance Powers: Unfair Preference and Fraudulent Conveyance
Background In an insolvent winding up in Hong Kong, a liquidator’s primary duties are to realize the company’s assets and settle its liabilities. In doing so, the liquidator will review past conduct, decisions and actions in relation to the operation of a company and the…Read More
New Case Management Regime Poses Problems for Liquidators
Introduction The High Court, which comprises the Court of First Instance and the Court of Appeal, has introduced significant reforms of its civil procedure in the form of new rules that came into effect on April 2 2009. The reforms will have an impact on…Read More
Civil Justice Reform case: Strike out for want of prosecution Nanjing Iron & Steel Group International Trade Co Ltd (HCAJ 177 of 2006)
Introduction One of the underlying objectives of the Civil Justice Reform (“CJR“) is to ensure that a case is dealt with as expeditiously as is reasonably practicable (Order 1A, rule 1(b) of the Rules of High Court). The recent judgment delivered by The Honourable Mr…Read More
