Is a CIPAA adjudication decision a ‘disputed’ debt in the context of winding-up?

In a recent judgment, the Court of Appeal in Sime Darby Solution Sdn Bhd v Rzh Setia Jaya Sdn Bhd overturned the High Court’s decision to grant a Fortuna injunction in relation to debt arising from a CIPAA adjudication decision. It found that the High Court had failed to strictly apply Likas Bay. The Court of Appeal’s judgment is the latest in a series of decisions dealing with the treatment of debt arising from an adjudication decision in relation to winding-up. This post looks at the decision and its significance for this area of the law. … More Is a CIPAA adjudication decision a ‘disputed’ debt in the context of winding-up?

UK Supreme Court clarifies test for scope of duty of care for negligent professional advice

In a landmark judgment, the UK Supreme Court in Manchester Building Society v Grant Thornton [2021] UKSC 20 has clarified the test for determining liability for losses suffered as a result of negligent professional advice, i.e. the “scope of duty” test. The decision is significant as it reformulates the approach in SAAMCO, which has proved problematic for the courts since its inception. The scope of duty test now calls for the focus to be placed on the purpose of the duty of the professional person giving the advice. This blog post explains what this new test entails and how it differs from the approach in SAAMCO. … More UK Supreme Court clarifies test for scope of duty of care for negligent professional advice

How and Why is the Former AIAC Director Immune from Criminal Prosecution?

On 30 April 2021, the Federal Court confirmed that the former director of the Asian International Arbitration Centre (“AIAC”) was immune from criminal prosecution of alleged offences committed in his capacity as the director of the AIAC. How and why did the Federal Court rule so? Have a read to find out. … More How and Why is the Former AIAC Director Immune from Criminal Prosecution?