Fresh Perspectives

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The Powerful And The Penalised

Topic: Regulatory updates 27.06.2022 Read more
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"Train of inquiry" documents: Court makes rare and exceptional order for Model E Disclosure under disclosure pilot

Topic: Commercial Disputes 24.06.2022 Read more
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Buy Now Pay Later - the next instalment……

Topic: Money Mirror 24.06.2022 Read more
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High Court again highlights importance of the confidentiality embargo on a draft judgment

Topic: Commercial Disputes 23.06.2022 Read more
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Technology in Insurance

Topic: RPC Big Deal 22.06.2022 Read more
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Tax Tribunal cancels discovery assessments and late filing penalties

Topic: Tax Take 22.06.2022 Read more
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Are the brakes on for Quick Commerce?

Topic: Retail Therapy 20.06.2022 Read more
Exterior and sunset
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Hong Kong's Legislative Council approves Employment Ordinance amendments to address employment issues arising from anti-epidemic measures

Topic: Employment

Published by Andrea Randall, Partner and more.

On 15 June 2022, the Hong Kong Legislative Council passed the Employment (Amendment) Bill 2022 ("Bill"), which was gazetted earlier in February this year. The purpose of the Bill is to address employment-related issues arising from the government's anti-epidemic measures.

16.06.2022 Read more
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The "Legal Minefield" of Witness Statements for Multi-Lingual Witnesses under PD32 and PD57AC

Topic: Commercial Disputes 15.06.2022 Read more
Exterior and sunset
Blog

APP fraud: Commercial Court considers approach to unjust enrichment and knowing receipt claims

Topic: Commercial Disputes

Published by Lucy Baughan, Associate and more.

The recent Commercial Court decision of Tecnimont Arabia Limited v National Westminster Bank PLC(1) considered the court's approach to a claim for unjust enrichment against a recipient bank in an authorised push payment (APP) fraud context. In particular, the Court examined whether the enrichment can be said to be at the 'expense' of the claimant, what factors amount to enrichment being 'unjust' and when the defence of 'change of position' is available. In relation to knowing receipt, the court considered the question of when property is 'trust property' for the purposes of the cause of action.

15.06.2022 Read more