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Article

Herbert Smith Freehills LLP | Singapore | 22 Nov 2018

Singapore: Restraint of Trade Provisions

It is common for employers to include restraint of trade provisions in employment contracts. However, such provisions are generally unenforceable

Article

Herbert Smith Freehills LLP | Hong Kong | 29 Aug 2016

Hong Kong Court of Appeal confirms high threshold to establish that breach of a Court undertaking results in contempt of Court

In Tiong King Sing v Sam Boon Peng Yee (CACV 2682015), the Court of Appeal ("CoA") overturned a decision of the Court of First Instance ("CFI") that

Article

Herbert Smith Freehills LLP | Hong Kong | 23 Aug 2016

Hong Kong Court rules in favour of investors in mis-selling claim: a departure from the recent trend

Recently, the Hong Kong Court of First Instance handed down its judgment in relation to a mis-selling claim against a bank, ruling in favour of the

Article

Herbert Smith Freehills LLP | Hong Kong | 20 Jul 2016

Hong Kong Court of Appeal takes a practical view on the penalties rule upholding a liquidated damages clause

In the recent case of Brio Electronic Commerce Limited v Tradelink Electronic Commerce Limited CACV 2712013, the Hong Kong Court of Appeal (CA) held

Article

Herbert Smith Freehills LLP | United Kingdom | 15 Jul 2016

Failure to comply with freezing orders leads to prison

In JSC Mezhdunarodniy Promyshlenniy Bank and Another v Pugachev 2016 EWHC 248 & 258 Ch (sentence) and 2016 EWHC 192 (Ch) (liability), the English

Article

Herbert Smith Freehills LLP | Hong Kong | 27 Nov 2013

A lost cause? The breadth of limitation periods and undertakings not to bring further proceedings in the private wealth context

A number of our recent blog posts have looked at Hong Kong estates disputes. The case of Ho Sin Ying v Chan Yui Ling and Maryo Development Limited

Article

Herbert Smith Freehills LLP | United Kingdom | 22 Nov 2013

Court takes strict line on solicitor’s duty to follow client’s instruction to draft will

A proposed beneficiary under a Will loses out because a solicitor fails to prepare that Will. Can that beneficiary make a claim against the solicitor

Article

Herbert Smith Freehills LLP | United Kingdom | 23 May 2011

Principal's right to recover a bribe paid to a fiduciary proprietary or personal?

The Privy Council decision of Attorney-General for Hong Kong v Reid 1994 1 AC 324 has generally been taken to hold that a principal has a proprietary right to a bribe paid to a fiduciary.

Article

Herbert Smith Freehills LLP | Hong Kong | 17 May 2010

Crown Immunity subsists as part of the common law in Hong Kong and government agencies of the People's Republic of China (PRC) sued in Hong Kong for commercial acts can claim immunity from suit

In a novel judgment, Intraline Resources SDN BHD v The Owners of the Ship or Vessel "Hua Tian Long" HCAJ 592008, the Hong Kong Court of First Instance (CFI) has decided that the English common law doctrine of Crown Immunity still subsists in Hong Kong after the handover of sovereignty in 1997.

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