In Ho Kwok Leung Glen, Hau Kai Ling and Ge Jun v Nan Hai Corporation Limited [2024] SC (Bda) 2 Civ, 31 January 2024, the Supreme Court of Bermuda (the “Court”) rejected the Plaintiffs’ application for a declaration that seven...more
In a recent judgment Re Cradle Holdings Inc. (FSD 318 of 2022, unreported, 4 September 2023), the Chief Justice of the Cayman Islands ruled on the novel issue as to whether and by what route a company which has been...more
10/18/2023
/ BVI Business Companies ,
Cayman Islands ,
Commercial Litigation ,
Companies Act ,
Corporate Restructuring ,
Dispute Resolution ,
Hong Kong ,
Insolvency ,
Legislative Agendas ,
Regulatory Requirements ,
Unregistered Franchises
The Quincecare duty has become a popular tool for companies (or their liquidators) to claim against banks for funds misappropriated on wrongful payment instructions. It requires a bank to refrain from executing a payment...more
5/5/2023
/ Appeals ,
Banking Sector ,
Beneficial Owner ,
Commercial Litigation ,
Contributory Negligence ,
Dispute Resolution ,
Foreign Bank Accounts ,
Hong Kong ,
Liquidation ,
Misappropriation ,
Time-Barred Claims ,
UK Privy Council ,
UK Supreme Court
The general doctrine of ‘illegality’, in commercial litigation, is based on two related principles:
• Firstly, that no person should benefit from his or her own illegal act or wrong; and
• Secondly, that the law (and the...more