Contact Alpine Law to structure your business arrangements in Hong Kong, Taiwan, and/or China.

In an article by Clifford Smith SC, Sabrina Ho and Tommy Cheung of AsiaLawPortal.com, they reported that “Litigating in Hong Kong to enforce one’s rights and entitlements can be expensive. Against this backdrop, can a plaintiff of limited financial means enter into a third party civil action funding agreement to fund his civil case? The answer is highly fact-sensitive, and therefore uncertain.

Faced with such uncertainty, can that plaintiff ask the Court to grant a declaration that a proposed funding agreement does not offend the law prohibiting maintenance and champerty, and have that agreement approved beforehand? This is what happened in the recent case Raafat Imam v. Life (China) Company Limited and Others [2018] HKCFI 1852. Deputy High Court Judge Fee, sitting at the Court of First Instance, accepted the persuasive arguments advanced by Clifford Smith SC, leading Sabrina Ho and Tommy Cheung, and held that, on the facts of the case and perhaps generally, the answer is in the negative.”

To read the full article, visit AsiaLawPortal.com.