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Hong Kong Court of Appeal embraces modern test for penalty clauses following UK Supreme Court in Cavendish when considering employer’s right to enforce termination notice provision

Hong Kong, United Kingdom - July 15 2021 In a notable judgment (Law Ting Pong Secondary School v Chen Wai Wah [2021] CA 873), the Hong Kong Court of Appeal (CA) has adopted the modern…

Priya Aswani, Jojo Fan, Tess Lumsdaine, Gareth Thomas

Hong Kong Court of Appeal embraces modern test for penalty clauses following UK Supreme Court in Cavendish when considering employer’s right to enforce termination notice provision

Hong Kong - July 15 2021 In a notable judgment (Law Ting Pong Secondary School v Chen Wai Wah [2021] CA 873), the Hong Kong Court of Appeal (CA) has adopted the modern…

Priya Aswani, Jojo Fan, Tess Lumsdaine, Gareth Thomas

Banks may rest assured as Hong Kong Court refuses to expand scope of Quincecare duty

Hong Kong, United Kingdom - April 19 2021 In the recent case of Luk Wing Yan v CMB Wing Lung Bank Ltd [2021] HKCFI 279, the Hong Kong Court of First Instance (the “Court”) found that the…

Priya Aswani, Jojo Fan, Gareth Thomas

English High Court finds alleged frustration of contract due to COVID-19 pandemic is not sufficiently arguable to grant injunction restraining demand under letter of credit

United Kingdom - March 26 2021 The English High Court has dismissed an application for an injunction to prevent an airline group from making demands under bank-confirmed standby…

Priya Aswani, Jojo Fan, Gareth Thomas

Hong Kong Court of First Instance lays the foundation for disclosure orders against bank accounts in overseas branches of Hong Kong banks

Hong Kong - March 25 2021 In the recent case of A1 and Another v. R1 and Others [2021] HKCFI 650, the Court of First Instance has, for the first time in a reported Hong Kong…

Jojo Fan, Gareth Thomas