News & Events

Timothy Harry  appeared in Popely v Popely [2020]EWHC 667 (Ch), where the High Court in England was tasked to consider whether to make a third party costs order against someone who was not a party to the proceedings but who it was said was the driving force behind the litigation, which involved allegations of fraudulent misappropriation. The equivalent provisions in Hong Kong are section 52A(2)of the High Court Ordinance(Cap.4) and RHC O.62, r 6A. The Court made the Order for costs.

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Timothy Harry appeared in Homes of England Ltd v Horsham Holdings Ltd [2019] EWHC 2429 (Ch), where the Companies Court in England considered the application of American Cyanamid principles in the context of the equivalent unfair prejudice principles in a minority shareholders’ petition.

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In OCBC Wing Hang Bank Ltd v Kai Sen Shipping Company Ltd [2020] HKCFI 375, the Hong Kong High Court considered an application by the defendant shipowner for a stay of the Hong Kong proceedings to arbitration. In a decision containing an orthodox analysis of the rules for determining the governing law of the arbitration agreement, the incorporation of arbitration agreements into bills of lading by reference, and submission to arbitration, the Court denied the application.

Nick Luxton counsel for the successful plaintiff back in the application, and member of Gilt Chambers wrote a review of the case on which can be found at this link

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