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Podcast

A look at Lloyd's Lab

06 May 2020

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Welcome to Insurance Covered! The podcast that looks at the inner workings of the insurance industry with the help of expert guests. This week we are taking a look at Lloyd's lab, the renowned insure-tech startup programme. Our guest is Ed Gaze, who is the Lab Manager.

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Blog

Coyle – Upper Tribunal refuses permission to appeal out of time

Published on 06 May 2020. By Constantine Christofi, Senior Associate

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In Michael Coyle t/a Coyle Transport v HMRC [2020] UKUT 0113 (TCC), the Upper Tribunal (UT) set aside the decision of the First-tier Tribunal (FTT) for errors of law, but reached the same conclusion as the FTT and refused the taxpayer permission to appeal out of time.

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Blog

Regulated Activities Order amendments for the new Bounce Back Loan Scheme

Published on 05 May 2020.

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On 1 May 2020, the Financial Services and Markets Act 2000 (Regulated Activities) (Coronavirus) (Amendment) Order 2020 was published and came into force on 4 May 2020.

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Blog

The Solicitors Disciplinary Tribunal: new rules, new game?

Published on 05 May 2020. By Graham Reid, Partner

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There are few things that strike fear into the heart of a solicitor more than the prospect of being sent to the Solicitors Disciplinary Tribunal. This article looks at its new rules of procedure.

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Publication

Arbitrable disputes in the context of winding up proceedings

Published on 05 May 2020. By Prakash Nair, Director

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This note discusses two recent decisions of the Court of Appeal of Singapore that dealt with the standard of review to be applied in winding up proceedings where a debtor asserts that there is a dispute which parties agreed to resolve by way of arbitration.

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Publication

General liability newsletter - April 2020

04 May 2020

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Welcome to the latest edition of our general liability newsletter, rounding up some the key cases from the last few months.

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Blog

New 100% government-backed loan scheme for small and medium-sized businesses

Published on 04 May 2020. By Sukh Ahark, Partner and Lauren Murphy, Associate

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The new 'Bounce Back Loans' scheme (the "Scheme") launches today. The Scheme provides small and medium-sized businesses with loans from between £2,000 and £50,000, such cash to be accessible within days.

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Publication

International risk team - The Atlantik Confidence: precautions to take in respect dubious claims in the wake of economic crises

01 May 2020

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Insurers want to pay claims. However, insurance claims history shows that when certain businesses face an existential threat they are inclined to take a very aggressive attitude towards their insurance “assets” in a desperate attempt to generate liquidity.

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Publication

Regulatory Roundup Q1 2020

Published on 30 April 2020. By Gavin Reese, Partner

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Welcome to the Spring edition of the Regulatory Roundup, which aims to pull together the key developments across regulatory regimes – and help you to navigate the maze.

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Blog

High Court provides a reminder against "over-lawyering" of witness statements

Published on 30 April 2020. By Parham Kouchikali, Partner and Harriet Evans, Associate

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In a reminder not to "over-lawyer" witness statements, a High Court judge has ordered that statements be revised to remove inappropriate content(1).

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Publication

VAT update - April 2020

Published on 30 April 2020. By Adam Craggs, Partner and Rebekka Sandwell, Associate

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In this month’s update we report on (1) the Value Added Tax (Finance) Order 2020 (SI 2020/209), which amends the fund management exemption; (2) HMRC’s guidance on the deferral of VAT payments due to COVID-19; and (3) HMRC’s guidance on how importers can pay no import duty and VAT on medical supplies, equipment and protective garments.

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Blog

Landmark case sees trade mark specifications cut down on grounds of bad faith.

Published on 29 April 2020. By Ben Mark, Partner and Sarah Mountain, Senior Associate

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Today, the High Court handed down judgment in Sky v SkyKick. The judgment follows the CJEU's 29 January 2020 decision, which answered various questions that the High Court had referred to it, back in June 2018.

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Blog

New virtual insurer for Hong Kong

Published on 29 April 2020. By Andrew Carpenter, Partner

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This month saw the award of a further virtual insurer licence in Hong Kong – this time for OneDegree (on 15 April 2020). The start-up will focus, initially, on the burgeoning Hong Kong pet insurance market, before a proposed expansion into health and cyber risk.

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Blog

Impact of COVID-19 on telecommunications apparatus

Published on 29 April 2020. By Catherine Young, Associate

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With COVID 19 keeping individuals and businesses in various states of lockdown around the world, the importance of telecommunications in keeping the country connected, both professionally and socially, has been thrown into sharp relief.

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COVID-19: What is the CMA's current approach to UK merger assessment?

Published on 29 April 2020. By Lambros Kilaniotis, Partner and Melanie Musgrave, Senior Associate

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The CMA has been adapting its working practices to react to the ongoing challenges of a change in working environment that has an impact on almost all businesses.

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Blog

Davies – Taxpayers unable to benefit from motive exemption in TOAA or qualify for treaty relief

Published on 29 April 2020. By Alexis Armitage, Associate

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In Andrew Davies & Others v HMRC [2020] UKUT 67 (TCC), the Upper Tribunal (UT) held that the taxpayers did not satisfy the ‘motive exemption’ in the transfer of assets abroad (TOAA) legislation and could not benefit from treaty relief.

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Blog

General adjournment in Hong Kong does not extend duration of ex parte injunction

Published on 29 April 2020. By Carmel Green, Partner and Antony Sassi, Managing Partner, Asia

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In Hong Kong, the courts have generally been closed, save for urgent and essential court business as a result of COVID-19.

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Blog

Carluccio's serves up a rescue recipe

Published on 28 April 2020. By Paul Bagon, Partner and Hannah Ryan, Events Assistant

On Friday 24 April, RPC hosted a 30 minute webinar on the interaction of furloughing and insolvency law.

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Blog

Lease frustration and COVID-19

Published on 28 April 2020. By Sarah Wilkinson, Senior Associate

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Frustration of a contract occurs due to a supervening event meaning the contract is no longer capable of performance. If frustration is found to have occurred, the contract is automatically terminated.

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Blog

High Court interprets meaning of indemnity for damage caused "prior to completion"

Published on 28 April 2020. By Neil Brown, Partner

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In a recent decision, the High Court has interpreted an indemnity for damage caused to assets "prior to completion" to be limited to damage caused in the period between signing and completion. This blog examines the reasoning for the court's decision, and the lessons that can be learned for transactional lawyers.

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Retailers: new government measures to provide further protection for tenants against aggressive rent collection.

Published on 27 April 2020. By Ben Taverner, Associate

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When the Coronavirus Act 2020 (the "Act") received royal assent on 25 March 2020, commercial tenants across the country were afforded some relief.

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Publication

Sports Ticker 11 – 2.6 Challenge, Premier League furlough and #IsolationGames

Published on 27 April 2020. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Stuart Harris, Associate and Samuel Coppard, Associate

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Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.

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Publication

COVID-19: The suspension of wrongful trading provisions and a moratorium for businesses in restructuring: what is the likely impact on Insurers?

27 April 2020

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On 28 March 2020 the Business Secretary announced further new far-reaching measures to help businesses combat the financial impact of COVID-19.

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RICS Guidance and Key Developments for Surveyors: #1 Changes to the RICS Minimum Terms

Published on 27 April 2020. By Alexandra Anderson, Partner and Katharine Cusack, Partner

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In this series of articles, we will be addressing a number of the key risks and challenges that face surveyors and valuers in the current climate.

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Blog

Future Fund

Published on 24 April 2020. By Sukh Ahark, Partner and Lauren Murphy, Associate

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The Chancellor has announced the launch of a £500m co-investment fund for start-ups adversely impacted by the coronavirus. The 'Future Fund' operates through the government matching private sector money with state-backed loans that can convert into equity stakes in the start-up.

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Blog

Future Fund

Published on 24 April 2020. By Sukh Ahark, Partner and Lauren Murphy, Associate

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The Chancellor has announced the launch of a £500m co-investment fund for start-ups adversely impacted by the coronavirus. The 'Future Fund' operates through the government matching private sector money with state-backed loans that can convert into equity stakes in the start-up.

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Publication

International risk team: The Evolution of the Remedy of Avoidance

24 April 2020

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There used to be a side-splitting “joke” amongst the barrister authors of a particular insurance law textbook that its title ought to have been “How to Avoid”.

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The Financial Ombudsman Service's response to COVID-19

Published on 23 April 2020. By George Smith, Senior Associate and Laura Sponti, Paralegal

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A few weeks ago, the FOS announced it was closing its office in response to government guidance but was continuing to receive and respond to complaints both old and new. The FOS' latest newsletter offers useful further insight into the FOS' response to the current crisis.

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COVID-19 – Hong Kong Courts set for phased reopening from May

Published on 23 April 2020. By Jonathan Crompton, Partner and Sakshi Buttoo, Registered Foreign Lawyer

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On 22 April 2020, the Hong Kong Judiciary announced that the general adjourned period ("GAP") for court proceedings, which started on 29 January 2020, will end on 3 May 2020. Stressing that the health and safety of court users, the Judiciary's staff and Judges and Judicial Officers ("JJOs") remains paramount, the Judiciary will move to a phased reintroduction of general business.

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Judicial guidance on listing of hearings remotely

Published on 22 April 2020. By Rhian Howell, Partner and Aimee Talbot, Senior Associate

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Senior judges have issued guidance to the judiciary on listing hearings in light of the current coronavirus situation. This gives litigants some clues as to how the court will approach upcoming hearings.

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Publication

International Risk Team: Arbitration in the time of Coronavirus - should Tribunals suspend proceedings?

Published on 22 April 2020. By Paul Baker, Legal Counsel

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The global pandemic has caused many of the ‘normal’ facets of life to come to an abrupt standstill. The legal world is, of course, not immune to the effects of coronavirus and dispute resolution has been impacted.

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Zipvit – Supreme Court considers deduction of input VAT on supplies mistakenly treated as VAT exempt

Published on 22 April 2020. By Rebekka Sandwell, Associate

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In Zipvit Ltd v HMRC [2020] UKSC 15, the Supreme Court referred questions to the Court of Justice of the European Union (CJEU) regarding the correct interpretation of Article 168 of the Principal VAT Directive, in connection with the question of whether a recipient of postal services may deduct input VAT in relation to those supplies, where both parties and HMRC had mistakenly treated the supplies as exempt from VAT.

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Cyber Bytes - Issue 12

Published on 21 April 2020. By Richard Breavington, Partner and Christopher Ashton, Associate and Rachel Ford, Associate

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Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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What is covered by an indemnity for "liabilities"?

Published on 20 April 2020. By David Wallis, Partner

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This blog examines the recent Court of Appeal decision relating to the acquisition of Nottingham Forest FC and asks what type of liabilities is a seller liable for under a liabilities indemnity?

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Regulator urges lenders to carefully consider their responses to borrower's potential breaches of covenants owing to COVID-19

Published on 20 April 2020. By Sukh Ahark, Partner and Lauren Murphy, Associate

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The PRA stressed in a 'Dear CEO Letter' that lenders should be flexible with regards to the breaches of covenants that might occur because of COVID-19. The PRA stated that breaches may arise owing to temporary changes to a borrowers' reported earnings, suspension of business or changes to the audit report attached to financial statements.

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COVID-19: the supply chain

Published on 20 April 2020. By Paul Bagon, Partner and Tim Moynihan, Partner

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Concerns regarding the strength of UK supply chains and the consequences which arise when links in the chain fail, are not new and were recently subject to significant scrutiny in the context of Brexit negotiations. But with COVID-19 causing a host of new problems for already stressed supply chains, what can businesses do to protect themselves?

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Publication

International Risk Team: Practical briefing - marine products

20 April 2020

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The impact of the current COVID environment (and its longer-lasting effects) on marine insurance products falls, we believe, into three categories.

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Blog

Out of Sight, Out of Mind

Published on 17 April 2020. By Poppy St John, Trainee Solicitor

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Is a 'right to disconnect' a productive workplace policy?

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Publication

A Review in Confidence: Modernising the Law of Breach of Confidence in Singapore

Published on 17 April 2020.

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The elements for a claim for breach of confidence were trite, having been established more than 50 years ago in the English case of Coco v. AN Clark (Engineers) Ltd (1) and affirmed in numerous Singapore decisions (2) .

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International risk team: The impact of COVID-19 on existing business interruption claims

16 April 2020

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The global spread of COVID-19 and its impact on a wide range of businesses is unprecedented in its speed and scale.

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COVID-19 – Now is not the time for businesses to be complacent

Published on 16 April 2020. By Adam Craggs, Partner and Alice Kemp, Senior Associate (Employed Barrister)

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On 31 March 2020, the Crown Prosecution Service (CPS) and National Police Chiefs' Council (NPCC) issued guidance(1) on how investigators and prosecutors are proposing to tackle the issuing of new criminal proceedings during 'an unprecedented crisis for the Criminal Justice System in the UK.

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Blog

Give retailers a break, lawyers tell creditors

16 April 2020

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Lawyers have called for a break on winding-up petitions against retailers as they fail to pay creditors due to the outbreak. So far, retailers have been hit with 52 winding-up petitions since the beginning of the year, with the numbers accelerating since the coronavirus outbreak took hold, according to lawyers at RPC.

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Publication

Hong Kong Courts – In with the old and the new technology

Published on 15 April 2020. By Antony Sassi, Managing Partner, Asia and Jonathan Crompton, Partner and David Smyth, Senior Consultant

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In Re Cyberworks Audio Video Technology Ltd,(1) the High Court of Hong Kong decided that it can, as part of its case management powers and of its own volition, order that a directions hearing take place by means of a telephone conference without the physical presence in court of the parties or their legal representatives.

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Publication

Hong Kong courts begin use of video conferencing

Published on 15 April 2020. By Antony Sassi, Managing Partner, Asia and Carmel Green, Partner

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Given the extended general adjourned period (GAP), during which the courts in Hong Kong have been closed except for urgent and essential court business, the judiciary has adopted an incremental approach to the use of technology for remote hearings.

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Litigation in the time of Coronavirus (Hong Kong - Update)

Published on 15 April 2020. By Antony Sassi, Managing Partner, Asia and Jonathan Crompton, Partner and David Smyth, Senior Consultant

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The "General Adjourned Period" (GAP) during which the courts in Hong Kong have been closed, save for urgent and essential court business, has been extended to 13 April 2020.

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Back to the Future: a look ahead at medical malpractice issues for COVID-19-related claims

Published on 15 April 2020. By James Davies, Senior Associate

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Future issues for Insurers to consider in assessing COVID-19 medical malpractice / clinical negligence claims.

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Higgs – FTT lacks jurisdiction to disapply the PAYE Regulations

Published on 15 April 2020. By Constantine Christofi, Senior Associate

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In Philip Higgs and Others v HMRC [2020] UKFTT 117 (TC), the First-tier Tribunal (FTT) determined that it did not have jurisdiction to determine whether HMRC is entitled to exercise a discretion under section 684(7A), ITEPA, to disapply the PAYE Regulations.

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Publication

Hong Kong Court of Appeal hears appeal using video conferencing

Published on 15 April 2020. By Charles Allen, Partner and Carmel Green, Partner

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On 2 April 2020 the Chief Judge of the High Court issued a Guidance Note setting out the practice for remote hearings in the Court of First Instance of the High Court (but not the District Court) using the court's existing video conferencing facilities (VCF). Hard on its heels, on 6 April 2020 the Court of Appeal conducted a hearing by VCF in CSFK v. HWH [2020] HKCA 207.

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Blog

Signing documents during COVID-19 in Hong Kong

Published on 14 April 2020. By Jason Carmichael, Partner and Stephanie Northcott, Registered Foreign Lawyer

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This blog gives some practical advice on using electronic signatures in Hong Kong to sign documents during the Covid-19 restrictions, including where signatories and others are working from home without access to usual printing and scanning facilities.

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International risk team: To repair or not to repair

14 April 2020

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A universal truth for businesses in the grip of the current global pandemic is that “Cash is King”.

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