Warren Ganesh

Senior Consultant, RPC

The Securities and Futures Commission’s “Statement of Disciplinary Action” (the “SFC’s Statement”), attached to its press release dated 10 July 2019 (and publicly available), makes for some...
13 August 2019
At the time of writing, the Financial Action Task Force's mutual evaluation report for Hong Kong is due to be formally "delivered" in a plenary discussion (for publication later this summer),...
11 July 2019
Given the importance of “without prejudice” communications to lawyers and their clients, the decision of the English High Court in Briggs & Ors v Clay & Ors [2019] EWHC 102 (Ch)...
14 June 2019
Given the importance of the legal profession, solicitors and the local bar to the development of the common law within “One Country, Two Systems”, applications for ad hoc admission by...
9 April 2019
In Poben Consultants Ltd v Clearwater Bay Golf & Country Club [2019] HKCA 107, the Court of Appeal considered the test for determining whether a communication is made "without prejudice...
11 March 2019
An important appeal judgment in a failed judicial review challenge in Interush Ltd v Commissioner of Police has been handed down ([2019] HKCA 70, CACV 230/2015). The background to the case is...
1 February 2019
Just when some dispute resolution lawyers or their clients in Hong Kong thought that it might be safe to visit England, the English Court of Appeal handed down its judgment in WH Holding Ltd...
9 January 2019
As previously noted in Industry Insights (August 2017 and June 2018), Re A is a rare example of a contested application for admission to the Bar pursuant to s. 27(1) of the...
9 January 2019
Just like this Industry Insights, a Securities and Futures Commission ("SFC") 2018 year end litigation report might well be (sub-)titled "Taking Care Of Business". The expression might...
4 December 2018
"Hong Kong residents shall have the right to confidential legal advice, access to the courts, choice of lawyers for timely protection of their lawful rights and interests or for representation...
4 December 2018
The decision of the UK's Serious Fraud Office not to appeal the English Court of Appeal's judgment in The Director of the SFO v ENRC Ltd [2018] EWCA Civ 2006 (Industry Insights, October 2018 – "...
9 November 2018
An Insight into the rationale for litigation privilege – "The second category of legal professional privilege is wider than the first, but arises only when litigation is in prospect or pending....
3 October 2018
Action to recover costs – “Subject to the provisions of this Ordinance, no action shall be brought to recover any costs due to a solicitor until 1 month after a bill thereof has been delivered...
5 September 2018
In the closing paragraph of the judgment in Re CW Advanced Technologies Ltd [2018] HKCFI 1705, the court had this to say about the lack of any statutory regime for cross- border insolvency...
5 September 2018
As observed in previous Industry Insights, recent debate about third party funding has focused on arbitration in Hong Kong (and mediations covered by the Mediation Ordinance). However, the...
5 September 2018
One only has to take a cursory perusal of the Competition Commission's resplendent website to see that it is one of the most socially active regulators in the village of Hong Kong, with frequent...
9 July 2018
At the heart of the appeal before the Court of Final Appeal in Astro Nusantara International B V v PT Ayunda Prima Mitra [2018] HKCFA 12 was the appellant's application for time (pursuant...
9 July 2018
In Re A [2018] HKCA 272, the Court of Appeal has handed down a commendably fair judgment and, in doing so, has allowed an applicant's appeal against a first instance decision refusing his...
11 June 2018
If it is true that lawyers and judges (at the end of their careers) are judged by their contribution to the law then the state of legal professional privilege in England might suggest that a few have...
11 June 2018
Section 300(1) of the Securities and Futures Ordinance (Cap. 571) “A person shall not, directly or indirectly, in a transaction involving securities, futures contracts or leveraged...
17 May 2018
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