Maria Petzsch

Updates

Arbitration & ADR

ADR coming of age for financial disputes in Hong Kong
Hong Kong | 02 November 2017

Hong Kong's Financial Dispute Resolution Scheme will be expanded with effect from January 1 2018 and July 1 2018 by amending the jurisdiction and terms of reference of the Financial Dispute Resolution Centre. Alongside the recent changes to allow third-party funding in arbitration, the changes to the scheme show that alternative dispute resolution is coming of age for financial disputes in Hong Kong where there is an imbalance of power between parties.

Litigation

Update on reciprocal enforcement of mainland and Hong Kong civil judgments
Hong Kong | 29 January 2019

The Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region (HKSAR) was recently signed by the Supreme People's Court and the HKSAR government. This is the sixth arrangement with the mainland on mutual legal assistance in civil and commercial matters and the third arrangement providing for recognition and enforcement of judgments in civil and commercial matters.

More dismissal of 'dormant' claims
Hong Kong | 10 July 2018

Defendants should welcome the recent judgment in Fiscalink International Ltd v Yiu Yu Sum Alex, in which the court struck out the plaintiffs' claims against a majority of the defendants on the basis that the lack of progress over many years was an abuse of process such that the entire action against those defendants should be dismissed. The court's judgment is another example at first instance of a pragmatic application of the relevant principles concerning dismissal for abuse of process.

How to scope your internal investigations: another debate on privilege
United Kingdom | 23 May 2017

The High Court recently provided another landmark judgment reaffirming the narrow scope of legal professional privilege. In proceedings between the Serious Fraud Office and Eurasian Natural Resources Corporation Limited (ENRC), ENRC unsuccessfully attempted to protect documents created during internal investigations into suspected bribery and corruption, claiming legal professional privilege.

Another meander through Three Rivers (No 5): the scope of legal advice privilege
United Kingdom | 03 January 2017

The High Court recently rejected a claim by RBS that interview notes taken by the bank and its external lawyers in the course of two internal investigations were privileged, finding that neither legal advice privilege nor lawyers' working papers privilege applied. In doing so, it confirmed the narrow approach taken to the definition of a 'client' in Three Rivers (No 5).

The difference between making a statement and promising that it is true: a slippery question
United Kingdom | 23 August 2016

The High Court recently clarified what constitutes a warranty, including its ability to be construed as a representation of fact for the purposes of bringing a claim under Section 2(1) of the Misrepresentation Act 1967. It found that the plaintiff's claim that the defendant had induced it to enter into a share purchase agreement by making false representations contained in certain warranties in the agreement had no prospect of success.

High Court clarifies scope of duties owed by directors to shareholders
United Kingdom | 01 December 2015

The High Court has struck out a number of claims brought by shareholders in what was, in 2008, Lloyds TSB against its directors. The claims alleged that the directors owed fiduciary and tortious duties in the context of providing information to shareholders and in seeking their approval of a transaction which resulted in Lloyds TSB's takeover of HBOS in November 2008.