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Leaders in Law News

Yang & Yang Solicitors LLP welcomes Rossana Chu as a new partner

We are excited to announce Miss Rossana Chu has joined Yang & Yang Solicitors LLP as a partner on 23 January 2024. Rossana has more than 26 years of legal experience with deep knowledge and skills. She is best known for her expertise in M&As including takeovers and privatisations of Hong Kong listed companies, capital markets, corporate financing, asset management, corporate restructuring, private equity/venture investments, trusts and family offices, ESG and sustainability, technology law as well as employment legal issues. She advises multi-national and Chinese corporations, securities firms, investment banks, funds, non-profit making organisations, families and individuals in respect of their domestic and overseas legal matters.

Rossana has been profiled as a leading individual in Chambers, Legal 500 Asia Pacific, IFLR1000, asialaw, China Business Law Journal, Global Law Experts, Leaders in Law, Legal Media 360 and In-House Community. She was named as the “Lexology Legal Influencer (Individual Expert)” in Q1 and Q2 of 2021 and Q1 of 2022.

Rossana is a co-founder of the Association of Retired Elderly Limited, a non-profit-making organisation with a focus on improving the welfare of the elderly in Hong Kong. She is also an affiliate member of the Association of Chartered Certified Accountants of the United Kingdom.

Rossana’s joining solidify the legal team and enhance our competitive advantages in different practice areas.

About Yang & Yang Solicitors LLP

Yang & Yang Solicitors LLP is a Hong Kong law firm dedicated to providing comprehensive and efficient legal services to clients. With rich experience, extensive professional knowledge, and licenses in multiple jurisdictions including Hong Kong, USA, Canada and England & Wales, the lawyers of Yang & Yang Solicitors LLP has established a global vision and is equipped to provide comprehensive and quality legal services.

Yang & Yang Solicitors LLP is currently in the process of forming an association with East & Concord Partners (pending application to the Law Society of Hong Kong and subsequent approval). The association will enable Yang & Yang Solicitors LLP to provide clients with services in Mainland China especially in the Greater Bay Area and help clients handle complex cross-border matters.

 

Shally Bhasin continues with Leaders in Law as our endorsed Litigation Law Expert in India

Leaders in Law, the leading platform in its field, is delighted to continue Shally Bhasin as our exclusively recommended & endorsed Litigation Law expert in India.

Shally Bhasin is a Partner with our Firm and has over 26 years of experience in Litigation.

She graduated from Law Faculty, University of Delhi in 1996 and is an Advocate on Record in the Supreme Court of India since 2004.

A veteran litigator, Shally has been involved in several impactful and consequential cases. She has been engaged in legal work across diverse sectors and industries, including – amongst others – Financial Services, Banking, Telecom, Construction, Energy, Heavy Industries, Oil & Gas, Infrastructure, etc. She regularly appears before the Supreme Court of India, various high courts and tribunals including Telecom Disputes Settlement and Appellate Tribunal (“TDSAT”), National Company Law Appellate Tribunal (“NCLAT”), National Company Law Tribunal (“NCLT”), Appellate Tribunal for Electricity (“APTEL”), State Commissions, National Green Tribunal (“NGT”), etc.

In one of the land mark cases in the history of litigation in the telecom industry, Shally has represented the telecom companies right from the High Court of Kerala and TDSAT, uptill the Supreme Court of India,  involving the recovery of licence fees of around $ 7.8 billion by the Government of India.

She has also represented various clients in the Supreme Court of India; various High Courts, National Tribunals – including TDSAT, NCLAT, NCLT, and NGT – in matters related to financial services, bankruptcy, infrastructure, environment, white collar crime, tenders, breach of contract, damages, injunctions, breach of fundamental rights, notifications, taxation, winding up, amalgamation and de-merger.

In an endeavour to give back to the Society, Shally also represented certain individuals in their challenge to Section 377 IPC which resulted in decriminalization of homosexuality. She is also representing a batch of individuals and filed various writ petitions in the High Court of Delhi seeking legalization of same-sex marriage. Thereafter, the matter was transferred to the Supreme Court of India and is now pending for judgment.

 

Michalis Anastasiou joins as the Company Law Expert in Cyprus

Leaders in Law, the leading platform in its field, is delighted to welcome Michalis Anastasiou as our exclusively recommended & endorsed Company Law expert in Cyprus.

Michalis Anastasiou graduated from the Law School of the University of Sussex in Brighton, UK in 2012. He was called to the English Bar at Gray’s Inn in 2013. He obtained in 2014 his LLM on International Business Law at BPP Law School in London, UK.

He was admitted in the Cyprus Bar Association in 2015. Michalis speaks fluently Greek and English.

Michali’s specialises in business and corporate law, company registration and administration, investment firms and forex brokers cases, forex scam litigation, civil and criminal litigation, personal injury and insurance cases. He appears before the Courts of Cyprus, and he is involved with judicial matters and the drafting of legal documents.

Practice Areas

  • Business and Corporate Law
  • Immigration Law
  • Litigation
  • Contract Law
  • Personal Injury
  • Criminal Law

Education & Bar Admissions

  • University of Sussex; 2012. Brighton, UK
  • The University of Law, 2013. London, UK
  • Admitted to the English Bar at Gray’s Inn, 2013
  • BPP Law School, 2014. London, UK
  • Admitted to the Cyprus Bar Association, 2015

Firm Overview:

Evagoras Anastasiou & Associates LLC is considered an experienced law firm in different areas of law, and it provides a range of specialised legal services to its current, future, local and foreign clients.

Our firm’s specialised lawyers are equipped with the relevant professional knowledge and abilities that put them in position to provide to each client efficient legal advice concerning their needs.

  • To practice our profession with integrity.
  • To acknowledge that each client’s case is unique, and it has its own speciality.
  • To protect our customer’s interests
  • To satisfy the client’s goal and protect his interests.
  • The client’s goal will be achieved with quick, practical, cost-effective, up-to-date and modern methods.

 

New Member – Maria Fogdestam Agius joins as the International Arbitration Law Expert in Sweden

Leaders in Law, the leading platform in its field, is delighted to welcome Maria Fogdestam Agius as our exclusively recommended & endorsed International Arbitration Law Expert Witness expert in Sweden.

Maria Fogdestam Agius practice as part of the firm’s Dispute Resolution Group focuses on international dispute settlement. In particular, she advises and represent States and private entities in matters pertaining to public international law, treaty-based dispute settlement and international human rights.

Maria has expertise on a wide range of public international law topics, including inter alia the law of treaties, the law on State responsibility, the law on State and diplomatic immunity, international investment law, the law of the sea and Business & Human Rights. Maria Fogdestam Agius has experience of protecting foreign investments through international arbitration, advising individuals and companies on claims against governments and on the enforcement of awards against sovereign entities. She has equally assisted States defending against claims before international courts and tribunals and safeguarding sovereign and diplomatic immunities before national courts. Maria has represented corporate as well as sovereign clients in international arbitration and litigation and have appeared as an advocate before the International Court of Justice in The Hague and the Swedish Supreme Court. She also practices in human rights, advising in particular on Business and Human Rights regulatory and guidance frameworks, corporate ESG responsibilities and human rights due diligence.

Firm Description:

Westerberg & Partners is a Swedish boutique law firm. We focus on what we do best. We assist our clients in identifying, analyzing, strengthening and protecting their rights – whether based on intellectual property (IP), contracts, treaties or regulatory frameworks. Our specialization and considerable experience in our focus areas also make us particularly well-suited to advise on transactions within these areas. Over the years, we have worked with everything from small start-ups to major multi-national companies and states, in virtually all industries.

We want to be a partner to our clients and the client’s business goals are always at the forefront of what we do. We offer our clients advisers who are truly interested in and knowledgeable of our clients’ industries.

Whenever appropriate, we seek to resolve conflicts without taking legal action, but we also take pride in our ability to manage legal proceedings, be it litigation or arbitration, efficiently and robustly. Our client base is largely international, and we work with many of the most discerning clients and law firms in the world.

 

Hong Kong’s Proposed Company Re-Domiciliation Regime

The Hong Kong government, via its Financial Services and the Treasury Bureau, has consulted on a proposed regime for non-Hong Kong incorporated companies to re-domicile in Hong Kong. The objective is to facilitate company re-domiciliation to Hong Kong, thus strengthening Hong Kong’s status as an international finance and business hub. The legislation of the new regime is expected to take place from 2023 to 2024.

KEY BENEFITS

Unlike other jurisdictions like Singapore, Canada and New Zealand, Hong Kong currently does not allow re-domiciliation.

If a foreign company wishes to move its identity and business to Hong Kong, a new Hong Kong company must be set up to take over its business. This process is cumbersome and can result in substantial taxes and/or costs as well as disruption to operations and corporate history.

The government’s proposal would now allow non-Hong Kong companies to change their place of incorporation to Hong Kong while preserving their legal status as body corporates, their properties, rights, obligations, liabilities and contracts. This proposal would offer companies maximum business continuity while reducing administrative complexity and costs in the process.

ELIGIBILITY

The proposed regime imposes no economic substance test of thresholds of assets, revenue or employee numbers. The Registrar of Companies will be empowered to consider and approve applications based on factors that include:

  • Whether the type of Hong Kong company (private company limited by shares, public company limited by shares, company limited by guarantee, private unlimited company with a share capital, or a public unlimited company with a share capital) is the same or substantially the same as the applicant’s type of company in its original place of incorporation.
  • Whether the applicant has complied with the legal requirements of its jurisdiction of incorporation for the transfer of incorporation in Hong Kong.
  • Whether (at the application date) the applicant’s first financial year end has passed in its place of incorporation.
  • Whether the applicant will comply with the naming requirements for the incorporation of a Hong Kong company under the Hong Kong Companies Ordinance.
  • That the applicant will not be used for an unlawful purpose, contrary to public interest or endangering national security.
  • That the re-domiciliation application is made in good faith and not intended to defraud existing creditors of the applicant.
  • Whether a resolution for the transfer of incorporation has been approved by at least 75% of the votes cast by entitled members at a meeting of which members were given at least 21 days’ notice, if the applicant’s original place of incorporation does not include members’ consent to the transfer.
  • Whether the applicant can pay its debts as they fall due in the 12 months after the application date.
  • That the applicant is not in liquidation or being wound up, and no proceeding for liquidation or winding up against the applicant is ongoing or pending.
  • No receiver, or receiver and manager, is in possession of or has control over any property of the applicant, and no relevant proceeding is ongoing or pending.
  • No compromise or arrangement made between the applicant and any entity/person is being administered and no relevant proceeding is ongoing or pending.

EFFECTS

Once re-domiciled, the company will have the same rights and obligations as other Hong Kong incorporated companies of its type, and will need to comply with the Companies Ordinance. Its corporation information will be available for public inspection. If the company needs a particular licence to conduct its businesses in Hong Kong, it will need to separately apply for the licence.

Applicant companies that were registered with the Companies Registry of Hong Kong as non-Hong Kong companies will cease to be so when they are granted their certificate of re-domiciliation.

TIMELINES

It is proposed companies must provide the Registrar of Companies with evidence of their de-registration in their original place of incorporation within 60 days of their re-domiciliation to Hong Kong. Failure to do so will result in the revocation of the application and the termination of the re-domiciliation.

However, market practitioners consider that 60 days will be too short. The de-registration process in the original jurisdictions may involve public notices and/or court procedures (for protection of members and creditors) as well as tax clearance, and may take much longer than 60 days.

It is also hoped that the regime will, instead of terminating the re-domiciliation right after the expiry of the required de-registration period, provide flexibility for the Registrar of Companies to extend this de-registration period if justifiable grounds are given.

The de-registration process in the original jurisdictions may be beyond the applicants’ control. Also, some applicants may need to open bank accounts in Hong Kong before they may start de-registration in their original jurisdictions.

KEY TAKEAWAY

Industries have reflected that non-Hong Kong incorporated companies, especially enterprises with business operations in Hong Kong and those hoping to leverage on Hong Kong’s geographic and economic advantage to expand their business are interested in re-domiciling to Hong Kong. As a response to such market demands, a company re-domiciliation regime with a straightforward application process is a welcome initiative.

By Rossana Chu, Jacky Chan

Note: This material has been prepared for general information purposes only and is not intended to be relied upon as professional advice for any cases. Should you need further information or legal advice, please contact us.

Leaders in Law – Global Awards 2023 – Nominations

We would like to thank you for all of your nominations for the Leaders in Law – Global Awards 2023. 

We are currently finalising our awards but if you would still like to be considered for an award please contact info@leaders-in-law.com or visit our nominations page:

https://www.leaders-in-law.com//nominations/

Winning applicants will be featured in our exclusive Leaders in Law – Global Awards 2023 Magazine, receive a crystal trophy, a marketing image and signature logos for marketing purposes:

Trophy

Winner-Logo-Light-Blue.png

Winner-Logo-Dark-Blue.png

You can view our previous winners by clicking here.

Each winning applicant will be promoted across all of our social media platforms please view our coverage last year on our Linkedin.

Leaders in Law

Business today is fiercely competitive and ensuring the selection of a knowledgeable and cost-effective lawyer when and where you need them is crucial to business success. The Leaders-in-Law platform provides immediate access to Leaders in their practice area throughout the world.

Users of the Leaders-in-Law platform vary from large multi-nationals to successful entrepreneurs. All with one aim: to quickly and easily find the Leader-in-Law they need with the correct expertise in their location.

The selection process for Leaders-in-Law experts is rigorous and many applicants are eliminated during the vetting process. The successful experts who join the Leaders-in-Law all have a proven track record of success, with their own unique attributes and knowledge of their practice area and local requirements.

The Leaders in Law platform is the ideal way to find a lawyer or expert anywhere in the world, specialising in the area of expertise with which you need assistance or advice. Very few people have knowledge of lawyers and experts they can trust around the globe, but Leaders-in-Law has painstakingly put together a platform of over 2000 Leaders, across 140 jurisdictions, specializing in 56 different practice areas.

Our selection process is rigorous, so you can be assured that you will find the right Leader to meet your personal or professional requirements. Use the Leaders-in-Law search engine to find an expert by practice area or jurisdiction. Once you have found the right Leader for your requirements: you can contact them using the details provided in their profile.

 

Leaders in Law – Global Awards 2023 – Sample Marketing Images

If you have been nominated for the upcoming Leaders in Law – Global Awards 2023, you will have the opportunity to promote your success in the upcoming publication. 

Please see the marketing images Leaders in Law – Global Awards 2022 winners where provided with last year:

Leaders in Law – Global Awards 2023 award winners will be selected based upon a comprehensive, independent survey of both general counsel and private practice lawyers worldwide. Only firms and practitioners who have met independent international research criteria will be considered.

If you would like to be considered or nominate an expert, please visit our nominations page here.

You can view our previous winners by clicking here.

Each winning applicant will be promoted across all of our social media platforms please view our coverage last year on our Linkedin.

About Leaders in Law

Business today is fiercely competitive and ensuring the selection of a knowledgeable and cost-effective lawyer when and where you need them is crucial to business success. The Leaders-in-Law platform provides immediate access to Leaders in their practice area throughout the world.

Users of the Leaders-in-Law platform vary from large multi-nationals to successful entrepreneurs. All with one aim: to quickly and easily find the Leader-in-Law they need with the correct expertise in their location.

The selection process for Leaders-in-Law experts is rigorous and many applicants are eliminated during the vetting process. The successful experts who join the Leaders-in-Law all have a proven track record of success, with their own unique attributes and knowledge of their practice area and local requirements.

 

Leaders in Law – Global Awards 2023 – Sample Inclusions

Leaders in Law – Global Awards 2023 winners will be selected based upon a comprehensive, independent survey of both general counsel and private practice lawyers worldwide. Only firms and practitioners who have met independent international research criteria will be considered.

If you have been nominated for the upcoming Leaders in Law – Global Awards 2023, you will have the opportunity to promote your success in the upcoming publication.

Please see the samples below:

Full Page Inclusion / Full Page Inclusion

Half Page Inclusion

Business Card Inclusion

If you would like to be considered or nominate an expert please visit our nominations page here.

You can view our previous winners by clicking here.

Each winning applicant will be promoted across all of our social media platforms please view our coverage last year on our Linkedin.

About Leaders in Law

Business today is fiercely competitive and ensuring the selection of a knowledgeable and cost-effective lawyer when and where you need them is crucial to business success. The Leaders-in-Law platform provides immediate access to Leaders in their practice area throughout the world.

Users of the Leaders-in-Law platform vary from large multi-nationals to successful entrepreneurs. All with one aim: to quickly and easily find the Leader-in-Law they need with the correct expertise in their location.

The selection process for Leaders-in-Law experts is rigorous and many applicants are eliminated during the vetting process. The successful experts who join the Leaders-in-Law all have a proven track record of success, with their own unique attributes and knowledge of their practice area and local requirements.

 

Settlement vs. Trial: Weighing Options In Car Accident Cases

Car accidents are distressing events that often lead to complex legal proceedings. When involved in a car accident, one of the critical decisions you’ll face is whether to settle the case out of court or proceed to a trial. This decision can significantly affect your financial recovery, time investment, and emotional well-being. Understanding the nuances of each option is crucial for anyone navigating this challenging path.

This article explores the differences between a settlement and trial and how to weigh these options in a car accident case.

Understanding Settlement

Settlement is a resolution between the involved parties without the case going to trial. It usually involves negotiation, where the defendant or their insurance company offers the plaintiff an amount to cover damages and injuries.

The key advantages of a settlement include:

  • Quicker Resolution: Settlements typically resolve much faster than trials, providing more immediate access to compensation.
  • Lower Costs: Legal fees and other costs are lower in settlements than in lengthy trials.
  • Less Stress: Avoiding a court trial reduces the emotional and mental stress associated with legal battles.
  • Control and Predictability: Both parties have more control over the outcome and can negotiate mutually agreeable terms.
  • Privacy: Settlements are generally private, unlike public trials and part of the court record.

On the other hand, the following are some disadvantages of a settlement in car accident cases:

  • Potentially Lower Compensation: Settlement amounts may be lower than what could be awarded by a court.
  • No Public Record: Settlements don’t create a legal precedent, and the details often remain confidential.
  • Compromise: Settlement often involves compromising on certain aspects of the claim, which might not be fully satisfactory.

By understanding the pros and cons of settlement, you’ll know whether it’s the right method of settling your car accident case. When deciding which route to go, consulting a car accident lawyer may be advisable. They evaluate the case, negotiate settlements, and represent your interests in the negotiation process.

The Dynamics Of A Trial

Conversely, trials involve presenting the case in a court before a judge or jury. Knowing its pros and cons is crucial to better understanding the importance of the trial in car accident cases. The  advantages of trial include:

  • Possibility of Higher Compensation: Trials can result in higher compensation, especially for pain, suffering, and punitive damages.
  • Public Record: Trials create a public record and can help set a legal precedent.
  • Justice and Accountability: Trials allow for a formal legal process, which some find more satisfying in terms of justice and holding the other party accountable.

The disadvantages of a trial include:

  • Time-Consuming: Trials can take months or even years to resolve.
  • Higher Costs: Legal and court fees are typically much higher in trials.
  • Unpredictable Outcomes: The outcome of a trial can be uncertain, and there’s no guarantee of winning.
  • Emotional Toll: Trials can be emotionally draining and stressful, with the potential for public scrutiny.

These pros and cons can help determine whether bringing your case to trial would benefit your situation. Similarly, understanding the role of specialized legal firms is crucial in this legal process. In regions like Colorado, Colorado trial lawyers play a pivotal role in navigating the complexities of car accident cases. They bring expertise specific to the region’s legal landscape, which can significantly influence the outcome of your case.

Factors Influencing The Decision

Now that you know the pros and cons of settlement and trial in car accident cases, it’s time to familiarize yourself with the factors that could influence your decision on whether to settle or go to trial for your car accident case. These factors include:

  • Insurance Coverage: The availability and extent of insurance coverage can also influence decision-making. If either or both parties have insurance coverage, the insurer’s willingness to pay and the policy limits will be considered in the settlement negotiations.
  • Evidence and Liability: Strong evidence and clear liability increase the chances of winning a trial and can lead to higher compensation. Conversely, if liability is unclear or evidence is weak, a settlement might be a safer option to ensure compensation.
  • Severity of Injuries and Damages: The extent of injuries and damages play a crucial role in deciding between settlement and trial. Severe injuries with long-term effects often lead to larger compensation or judgments, making trial more appealing. However, a settlement might be a more practical and cost-effective way of obtaining compensation in cases with minor injuries.
  • Legal Precedents: Relevant precedents and case law can provide insights into how similar cases have been decided in the past. Favorable precedents can strengthen a party’s position and make them less likely to settle, while unfavorable precedents may encourage settlement to avoid the risk of an adverse outcome.
  • Personal and Financial Considerations: Personal factors, such as the need for immediate financial assistance or the desire to avoid the stress of a trial, heavily influence this decision. Financial considerations must also be factored in determining whether it’s right to settle or go to trial. The anticipated litigation costs, including attorney fees, expert witness fees, and court costs, play a significant role in the decision-making process. A party with limited financial resources may be more inclined to settle to avoid the financial burden of a prolonged trial.
  • Time Considerations: The time to resolve the dispute through litigation can be a significant factor. A party seeking a quick resolution may be more inclined to settle, while a party willing to endure a prolonged legal battle may be less likely to compromise.
  • Business Relationships: In cases involving ongoing business relationships, the parties may consider the potential impact of a trial on their future dealings. Settling the dispute may preserve the relationship, while a trial could damage it.
  • Public Perception: In cases involving public scrutiny, the parties may consider the potential impact of a trial on their public image. Settling the dispute may help maintain a positive reputation, while a trial could expose them to negative publicity.

Ultimately, the decision between settlement and trial is complex, requiring careful consideration of all relevant factors mentioned above.

Conclusion 

Deciding between a settlement and a trial in a car accident case can be a challenging decision that must be taken seriously. By keeping the information mentioned above in mind, you can choose the right route for navigating your car accident case. Moreover, it’s essential to remember that the decision should align with your personal and financial goals, ensuring you receive fair compensation for your ordeal.

 

Electric Scooters in the UK: A Comprehensive Look at Legal Standpoints

The transport industry is always evolving and e-scooters mark the next step in mainstream sustainable travel. This new craze has swept across the UK and other countries, with 77 million riders recorded worldwide and an expectation of over 110 million in 2025.

While this has opened so many more opportunities for travel, the legal background of e-scooters is changing and there have been many questions raised about public safety and legislation.

It is illegal in the UK to use a privately owned electric scooter on public roads, pavements, and cycle lanes. It is, however, legal to buy, sell and own an e-scooter and it can be used on private land with the permission of the landowner.

E-Scooter safety concerns

E-scooters are classified as powered transporters and fall under the same regulations that all motor vehicles are subjected to. This is in the interest of public safety since there were 421 people seriously injured and 1,003 slightly injured recorded in 2021.

You can get up to speeds of 15 to 20 miles per hour, so if you take a tumble or get into a collision, you could get seriously injured.

Research shows that anti-social behaviour is another rising safety concern regarding electric scooters. Respondents stress that common issues were riders going too fast (77%), performing dangerous tricks (32%) and devices being used on pavements (86%).

If you have suffered an accident involving an e-scooter, you can use a claims calculator to see how much compensation you could be entitled to.

Changes on the horizon

The government is currently reviewing options for electric scooter regulations, and it could lead to new rules where e-scooters are sold to meet certain safety standards.

There is already one change coming. From December 2023, it is now a requirement that new and existing drivers give their name, driving license number and photo of their driving license. Plans are also in place to regulate the maximum speed, power, lights and registration.

Further trials are taking place to determine parking incentives, penalties and the use of helmets. It also aims to crack down on illegal e-scooter use and any antisocial behaviour. That being said, there are no near-future movements to legalise the use of electric scooters on public roads.

Current safety rules

Safety is the top priority when using an e-scooter, so riders need to be aware of how to protect themselves and the public. Wearing a helmet is not a legal requirement but it is definitely a wise move. It’s also essential to keep in mind that e-scooters are designed for one person, so it is not safe to carry more than a single passenger at a time.

The wheels and handlebar must stay in alignment when riding so you need to ensure that the bolts on the stem are tight so you can remain in control of your scooter.