When a company is in financial distress, directors face difficult choices. Should they trade on to try to “trade out” of the company’s financial difficulties or should they file for insolvency? If they act too soon, will...more
A recent English case may cause concern amongst Hong Kong auditors hoping to protect themselves from liability towards third parties by the inclusion of standard disclaimer wording in their engagement agreements. The decision...more
The UK Supreme Court has unanimously decided that, in the absence of express wording, parties seeking to rely on a force majeure clause with a reasonable endeavours proviso are not required to accept offers of non-contractual...more
The Technology and Construction Court in London has given a wide-ranging review of the law that frequently arise in construction projects, particularly on issues of limitation and when a cause of action over a supposedly...more
The UK Supreme Court in Philipp (Respondent) v Barclays Bank UK Plc (Appellant) [2023] UKSC 25 has confirmed that the so-called "Quincecare duty" – a duty on a bank to refrain from executing a payment instruction from its...more
The United Kingdom (UK) Supreme Court has handed down its much-anticipated judgment in Halliburton Company v. Chubb Bermuda Insurance Ltd [2020] UKSC 48 in respect of Haliburton's application to remove an arbitrator for...more
1/5/2021
/ Appeals ,
Arbitration ,
Arbitrators ,
Bias ,
Disclosure Requirements ,
Halliburton ,
Impartiality ,
Insurance Claims ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
LCIA ,
UK ,
UK Supreme Court
Construction companies entering into joint venture (JV) contracts should be cautious of entering into agreements where the responsibility for, and timing of cost overruns is not tightly specified, to avoid unexpected...more
One year on from Australia's Royal Commission on Banking -
The report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (the Report), was published one year ago....more
2/6/2020
/ Australia ,
Banking Regulators ,
Consumer Complaint System ,
Corporate Misconduct ,
Duty of Care ,
Financial Conduct Authority (FCA) ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
Intermediaries ,
Legislative Agendas ,
Ombudsman ,
Regulatory Agenda ,
Regulatory Oversight ,
Small and Medium-Sized Enterprises (SMEs) ,
UK
In recent weeks, courts in England and Hong Kong have taken the opportunity to set out the serious consequences that follow from deliberately breaching disclosure orders made in the context of freezing orders....more