Warren Ganesh

Senior Consultant, RPC

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
In 2017 we reported that contested applications by overseas counsel for ad hoc admission to the Hong Kong Bar, pursuant to s. 27(4) of the Legal Practitioners Ordinance (Cap. 159), appeared...
17 May 2018
As reported in Industry Insights for the September 2017 edition of the Hong Kong Lawyer (“Solicitor and Own Client Costs”), on a review of a taxing master’s certificate, pursuant...
10 April 2018
Lasmos Ltd v Southwest Pacific Bauxite (HK) Ltd [2018] HKCFI 426, 2 March 2018, is another in a line of cases that demonstrate the pro-arbitration stance of the courts in Hong Kong. The case...
10 April 2018
For many readers (particularly, “couples” travelling through the customs channel from Hong Kong to the Mainland), the Court of Final Appeal’s judgment in HKSAR v. Lam Tan Ching [2018] HKCFA 1,...
6 March 2018
The recent case of Fung Hing Chiu v. Henry Wai & Co [2018] HKCFI 31 confirms that the High Court’s power to order the taxation of a solicitor’s bill, pursuant to s. 67 of the Legal Practitioners...
6 March 2018
There have been a number of recent cases that have dealt with some important issues with respect to the settlement of civil disputes. Sanctioned Offers A sanctioned offer that contains an...
9 February 2018
For a jurisdiction that is apparently at times a bit light on “shareholder activism”, you would not know it judging from court applications by qualifying shareholders for inspection of corporate...
4 January 2018
There was a time when the law of “Evidence” was taught more comprehensively in many law schools. Contrary to the views held by some, there is a body of law called “Evidence” in civil proceedings; it...
11 December 2017
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