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Parkside Chambers | Hong Kong | 22 Feb 2023
Successful Defence in Common Intention Constructive Trust and Proprietary Estoppel Claims
Jonathan Ah-weng and Bernard Lam, instructed by Boase Cohen Collins, successfully resisted claims based on common intention constructive trust…
Hogan Lovells | Hong Kong | 23 Oct 2020
To trace or not to trace? Hong Kong Court reiterates applicable tracing principles for obtaining a proprietary relief in email fraud cases
In a recent High Court decision, the court rejected the plaintiff's application for a declaration that the defendant (a first layer recipient) held…
Duane Morris LLP | USA | 26 Jun 2020
Ninth CIRC. Bankruptcy appellate panel tackles property and creditor's reach in 'juarez'
In In re Juarez, 603 B.R. 610 (9th Cir. BAP 2019), the Bankruptcy Appellate Panel of the U.S. Court of Appeals for the Ninth Circuit addressed a…
Cordato Partners | Australia | 13 Apr 2020
Parents are evicted from their home because they transferred title without safeguarding continuing occupation rights
To save their house from being sold by the ANZ Bank, the parents transferred the title to their daughter who borrowed enough to repay the bank loan.
Kingsley Napley | United Kingdom | 10 Dec 2019
Trust me: how a constructive trust saved millions
The recent decision of the Court of Appeal (CA) in Alice Kahrmann (as administrator of the estate of Rainer Christuab Kahrmann) v Hilary…
Dentons | Canada | 12 Mar 2019
Doctrine of unjust enrichment may deprive named beneficiaries of life insurance proceeds
Designated beneficiaries of a life insurance policy have traditionally had a high degree of certainty that they would be entitled to the policy proceeds on the death of the insured. However, this certainty has been jeopardised by a recent Supreme Court of Canada case where a former wife's prior contractual claim to the proceeds of her former husband's life insurance policy precluded his......
Baker McKenzie | Canada | 29 Jan 2019
Supreme Court to Rule on Conflicting Rights of Investors in Fraudulent Schemes
On November 15, 2018, the Supreme Court of Canada granted Christine DeJong Medicine Professional Corporation’s (“DeJong”) application for leave to…
RPC | Hong Kong | 15 Jan 2019
Email scams and related recovery litigation
In a series of recent judgments, the first-instance courts in Hong Kong have demonstrated an increasing flexibility in assisting victims of internet and email fraud, including granting declaratory relief without trial. The courts' increasing willingness to grant declaratory relief without trial in these circumstances is a significant step in the right direction, as it has simplified the civil......
Dechert LLP | USA | 3 Jan 2019
U.S. Court Not Bound by Korean Law Conferring Exclusive Jurisdiction in Shareholder’s Derivative Actions
Shareholder of a Korean corporation ("Cuzco Korea"), the sole member of a chapter 11 limited liability company debtor ("Cuzco USA" or the "Debtor")…
Kingsley Napley | United Kingdom | 10 Dec 2018
Contentious Trust and Probate Quarterly Round-Up Autumn 2018
The High Court has exercised its discretion under Section 57 of the Trustees Act 1925 to grant additional powers to the trustees of a settlement…
