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Legal Updates

  • Legal Services in Hong Kong

    A Reputable law firm In Hong Kong Tanner De Witt Solicitors has an established reputation for combining quality legal services with a flexible and innovative approach to service delivery. Our success is a result of developing and implementing practical solutions to every matter. The firm…Read More

  • Company Formation, Registration and Management

    Formation of Hong Kong companies We can provide ready formed Hong Kong companies for a client’s immediate use. Alternatively and preferably (if our client can wait approximately ten days, being the period of time that it takes the Companies Registry of Hong Kong to form…Read More

  • Debt Collection Services in Hong Kong and Abroad

    Tanner De Witt offers a range of services that will be able to assist you in recovering money from debtors. The Service For the debt collection service we will: receive your instructions on the debts and on the debtor; upon your instructions, carry out searches…Read More

  • Pitfalls for Agencies and Users of Contract Workers

    Tanner De Witt Legal Update, October 2004 The UK Court of Appeal’s decision in Patricia Dacas v Brook Street Bureau Limited (2004 AWCA 217) has clarified important issue as to the employment status of agency workers and in particular: Whether agency workers enjoy the status…Read More

  • The IBA Guidelines on Conflicts of Interest in International Arbitration

    In response to an ever-increasing number of challenges to arbitrators, the International Bar Association (IBA) assembled a working party to consider and draft Guidelines on Conflicts of Interest in International Arbitration (the Guidelines). The Guidelines were published on 22 May 2004 and were approved by…Read More

  • Protecting Your Key Staff From Poaching

    Mass resignations at ICAP The decision of the High Court of Hong Kong in ICAP (Hong Kong) Ltd. vs BGC Securities (Hong Kong) LLC and others highlighted the importance of having properly drafted post-termination restrictions and of following proper contractual termination procedures. The High Court’s…Read More

  • The Hidden Costs of Buying Insurance – Overlaps in Cover

    Tanner De Witt Legal Update, September 2005 The recent Hong Kong Court decision in Dragages et Travaux Publics (HK) Ltd v RJ Wallace highlights the problems caused when insurance policies overlap. Although the case itself relates to the construction industry, it is highly relevant to…Read More

  • Onerous Contractual Requirements with Regard to Insurance – How can Contractors and Employers avoid Potential Conflicts

    Introduction Increasing costs of insurance and increasing demands from employers have led to some very practical difficulties for contractors. This paper will set out some main underlying themes and then discuss two specific provisions which are currently causing problems for contractors. There is a view…Read More

  • Recent case confirms Joint Ventures cannot be prosecuted under the Construction Sites (Safety) Regulations

    Tanner De Witt Legal Update, December 2005 On 1 December 2005, the Court of First Instance, in HKSAR – v – Hyundai Engineering Construction Company Limited and China Engineering Construction Corporation Joint Venture decided that an unincorporated joint venture could not be prosecuted under the…Read More

  • Overview of Insolvency Law in Hong Kong

    This paper sets out a brief overview of corporate insolvency law in Hong Kong and compares and contrasts the insolvency laws in Hong Kong with those of other jurisdictions. It was discussed at the Insolvency Session of the IATA Legal Symposium 2006. Hong Kong Insolvency…Read More

  • Let’s Be Reasonable: Quantum Meruit and Asian Equivalents

    It is very common for judges and arbitrators to consider one of the following situations: two parties have tried to negotiate the terms of a construction contract but eventually failed to do so, whilst in the meantime, one of the parties has been doing work…Read More

  • Extension of Time Claims in Hong Kong

    Introduction Delay claims are one of the most common areas for disputes in Hong Kong within the construction industry. Despite this, there still appears to be uncertainty about: what to claim; when to claim; and how to claim. Delay claims, even the approach in the…Read More