KARAS LLP 祁卓信有限法律責任合夥律師行
China Metal Recycling (ex-0773) v UBS AG
| Companies (Winding-up) Rules
HK Court of First Instance, 20-Jul-2022
Oops! Paragraphs of the liquidators' writ against sponsor UBS are struck out, because under High Court Rules for companies winding up, the claims should have been made by summons, not writ. The obvious question is: why didn't the solicitors, Karas LLP, advise their client of this? Notably the writ was filed only a day before the 6th anniversary of liquidators' appointment, after which the claim would be time-barred. Now the question is whether the Summons will be time-barred.
HK Court of First Instance, 20-Jul-2022
Oops! Paragraphs of the liquidators' writ against sponsor UBS are struck out, because under High Court Rules for companies winding up, the claims should have been made by summons, not writ. The obvious question is: why didn't the solicitors, Karas LLP, advise their client of this? Notably the writ was filed only a day before the 6th anniversary of liquidators' appointment, after which the claim would be time-barred. Now the question is whether the Summons will be time-barred.
Re Mark Taylor Simpson QC
HK Court of First Instance, 31-Oct-2019
The liquidators of China Forestry Holdings Co Ltd apply to admit a UK silk to help them sue KPMG, the auditor, for over HK$1.3bn. Acting Chief Judge Jeremy Poon rejects the proposition that Solicitor-Advocates, who now have rights of audience, are an acceptable alternative to junior barristers to assist the QC. The Bar Council sent 2 Senior Counsel and 2 juniors to oppose the application, while the Secretary for Justice supported it. The quasi-trade union wins. Mr Simpson must be assisted by local barristers.
HK Court of First Instance, 31-Oct-2019
The liquidators of China Forestry Holdings Co Ltd apply to admit a UK silk to help them sue KPMG, the auditor, for over HK$1.3bn. Acting Chief Judge Jeremy Poon rejects the proposition that Solicitor-Advocates, who now have rights of audience, are an acceptable alternative to junior barristers to assist the QC. The Bar Council sent 2 Senior Counsel and 2 juniors to oppose the application, while the Secretary for Justice supported it. The quasi-trade union wins. Mr Simpson must be assisted by local barristers.
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