Commercial Litigation

COVID-19 Scams – What to do if you are defrauded

Since the outbreak of COVID-19, we have seen an overwhelming demand worldwide for Personal Protective Equipment (PPE), which includes respirators, surgical masks, gloves and face shields. Regrettably, unscrupulous traders never miss an opportunity to capitalise on public fears and concerns.  Amid these difficult times, there has been a surge of fraud schemes associated with PPE transactions all around the globe. In Hong Kong, over 1,600 reports of online mask scams were received by the Hong Kong Police between January and March this year, consisting of more than 3,000 individual victims and local companies involving a total of HK$48.2 million. It has also been reported that fraudulent mask schemes totalling US$799 million were uncovered in United States in the last few months, and similar patterns have been observed across the Europe.

COVID-19 and the Doctrine of Frustration in Hong Kong

In our recent article we discussed the legal ramifications of the force majeure clauses to “excuse” parties from performing onerous or impossible contracts in the wake of the COVID-19 outbreak. Whilst it is not uncommon for commercial contracts to incorporate force majeure clauses, there remain circumstances under which a party may also consider to seek to relieve themselves from performing under the common law doctrine of frustration.

COVID-19 and the Operation of Force Majeure in Hong Kong

The outbreak of COVID-19 novel coronavirus has brought about disruptions to both public life and international business of an unprecedented scale. Not surprisingly, there have already been instances of parties relying on the contractual force majeure clauses to “excuse” themselves from performing onerous or impossible contracts.In this article, partners Nick Gall, Evelyn Chan and Trainee Solicitor Adriel Wong explore whether a force majeure clause applies to COVID-19 and to a party's performance, and the various actions to take if a party considers that it is entitled to invoke a force majeure clause.

Gall Contributes Hong Kong Chapter for Chambers Litigation 2019 Second Edition Guide

Nick Gall, Evelyn Chan, Kenix Yuen and Kritika Sethia recently contributed the Hong Kong chapter for Chambers Litigation 2019 Second Edition Guide where they covered topics including: litigation funding, initiating a law suit, discovery, trials and hearings, settlements, damages and judgements, appeals, costs and alternative dispute resolution.

Nick Gall Interviewed by Conventus Law on Hong Kong Being a Leading Centre for Dispute Resolution

Hong Kong has been long established as one of the world’s leading centres for dispute resolution. Strategically positioned at the heart of the Asia-Pacific region, Hong Kong boasts a thriving economy, a highly developed legal infrastructure and benefits from a wealth of both local and international expertise across all sectors.

Nick Dealy and Ashima Sood contribute the Hong Kong chapter of The International Comparative Legal Guide to: Competition Litigation 2020

The ICLG to: Competition Litigation covers common issues in competition litigation law and regulations – including interim remedies, final remedies, evidence, justification/defences, timing, settlement, costs, appeal, leniency and anticipated reforms – in 30 jurisdictions., with 4 expert analysis chapters.

Evelyn Chan and Yandy Lam contribute the Hong Kong chapter for Lexology Getting The Deal Through – Enforcement of Foreign Judgements 2020

Representing jurisdictions worldwide, this new volume in the Getting The Deal Through series offers expert analysis of the key issues relating to the enforcement of foreign judgments. Topics covered include: treaties, regulations and conventions, limitation periods, types of enforceable order, competent courts, defences, judicial requirements and procedures, significance of the enforcing jurisdiction’s public policy to the enforcement of foreign judgments, awards and enforcement process.