Latest by Jonathan Cary

Blog

Court of Appeal holds that a facility agreement based on the LMA model form does not constitute lenders' standard terms for UCTA: But never say never…

Published on 15 February 2018. By Charlotte Ducker, Senior Associate and Jonathan Cary, Partner

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The Court of Appeal has upheld a decision that a facility agreement based on the LMA model form did not constitute the lenders' standard terms for the purposes of UCTA. Had UCTA applied, the terms of the facility agreement would have been subject to a reasonableness test.

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Blog

Hong Kong regulator warns of cryptocurrency risks

Published on 09 February 2018. By Jonathan Cary, Partner and Ben Yates, Senior Associate

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Publication

Claimant investors establish advisory duty against bank

Published on 26 September 2016. By Jonathan Cary, Partner

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In the most recent so-called 'mis-selling' case in Hong Kong, three claimant investors succeeded in establishing that a bank owed them a contractual duty to exercise reasonable care and skill with regard to their portfolio of investments held with the bank.

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Blog

"Mis-selling" claim fails on appeal in Hong Kong

Published on 12 July 2016. By Jonathan Cary, Partner

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Hong Kong Court of Appeal confirms challenges in bringing mis-selling claims against banks and financial intermediaries.

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Blog

Disputes over bank's contractual right to freeze customer's account

Published on 27 April 2016. By Jonathan Cary, Partner

As banks tighten-up their standard terms concerning due diligence on customers and their transactions, it is inevitable that disputes will arise and that some will make their way to court.

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Blog

Privilege - the Hong Kong courts giveth back what the English Courts hath swept away in Three Rivers

Published on 21 September 2015. By Jonathan Cary, Partner

Introducing a healthy dose of common sense, the Hong Kong courts have rejected the English Court of Appeal's restrictive approach to legal advice privilege in Three Rivers (No5) and adopted a broader and more practical "dominant purpose" test.

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Blog

Still no joy for investors' mis-selling claims

Published on 18 May 2015. By Jonathan Cary, Partner

In the latest alleged mis-selling case in Hong Kong, the Court of First Instance maintained a consistent approach with other recent cases, rejecting an investor's claim based on misrepresentation and suggesting that the principle of contractual estoppel is alive and well.(1)

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Blog

Marketing to professional investors – the Court of Final Appeal's verdict

Published on 18 May 2015. By Jonathan Cary, Partner

In Securities and Futures Commission v Pacific Sun Advisors Ltd, the Hong Kong Court of Final Appeal recently ruled that the advertisement of a collective investment scheme intended to be disposed of only to professional investors ...

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Blog

Non-exclusive jurisdiction clauses in cross-border agreements

Published on 25 March 2015. By Jonathan Cary, Partner

Hong Kong courts adopt robust approach to uphold parties' contractual bargain as to their choice of forum

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Blog

SFC provides further guidance on Corporate Professional Investor Regime

Published on 09 February 2015. By Jonathan Cary, Partner

As noted in my blog dated 3 October 2014 concerning the SFC's conclusions on professional investors and client agreements (link), the SFC is looking to enhance the protection afforded to professional investors who are not institutional investors.

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