the HIP talks

Jeffrey Chan and Geraint Ho discuss frauds involving cryptocurrencies and the possible remedies available to scam victims to recover assets, including different types of injunctions. Moreover, they highlight how bankers trust orders and Norwich Pharmacal orders can be used in order to trace funds and then pursuing the scammers in court to obtain and then enforce a judgment against them, or alternatively by obtaining a vesting order or a garnishee application. They conclude the podcast episode by highlighting some UK and Hong Kong court cases, as well as talking about differences between recovering fiat and crypto currencies in the ever-developing methods

Show Notes01:04 Different types of scams 04:23 Mareva injunctions 05:23 Proprietary freezing injunctions 06:43 Tracking down the funds 09:07 Obtaining and enforcing a judgement 10:35 Court cases: AA vs Persons Unknown 11:24 Court cases: Lavinia Deborah Osborne 12:47 Court cases: Ion Science 13:31 Court cases: Samara v Dan 19:00 Traceability of transactions

To learn more about our Dispute Resolution practice: https://www.hugillandip.com/legal-services/dispute-resolution/

Geraint specializes in civil litigation, with a specific focus on commercial and estate-related disputes.

Geraint qualified as a solicitor in early 2020 and is the first of Hugill & Ip's home-grown lawyers. Drawn to the dynamic and often competitive nature of contentious work he is most at home with the firm's dispute resolution team.

Aside from a broad civil and commercial disputes practice, Geraint takes interest and specializes in probate and estate-related disputes; challenges to Wills, ownership disputes on estate assets, financial provision claims and dealing with wayward executors are all prominent aspects of his work. He also assists professional administrators with their duties, particularly where Court applications are involved.

In 2022 Geraint was recognised Future Star by Benchmark Litigation for his contentious private client work. He has also received the pro-bono award from The Hong Kong Law Society for his service to the community.

To learn more: https://www.hugillandip.com/solicitors/geraint-ho/

Alfred Ip talks to Hannah Bisson (Director of Business Development at Trident Trust) and Henno Boshoff (Counsel at Harneys) about the main reasons clients set up a Trust – might these be for ringfencing business assets or for giving back to the community or for tax reasons.

SHOW NOTES: 01:50 Main reasons for setting up a Trust 09:37 How to choose a Trustee? 14:27 Who to add as a beneficiary? 18:02 Most common Trust structures 35:24 Understanding assets to be included in the Trust 39:48 Inter-vivos Trusts vs Will Trusts: pros and cons to consider 42:42 Setting up a Trust in an off-shore vs on-shore jurisdiction 48:47 Fees for setting up and managing a Trust

If you wish to learn more about our Private Client, Probate & Trust practice, please check the dedicated section of our website: https://www.hugillandip.com/legal-services/private-client-probate-trust/

Frances specialises in family law: divorce and separations as well as children custody, care and control. She also represents clients in matters related to inheritance provisions for dependants.

Learn more: https://www.hugillandip.com/solicitors/frances-tsang/

Frances Tsang and Raphael Wong discuss key elements related to adoption: criteria and procedures for adopting, the difference between doing an adoption privately or through the Social Welfare Department, getting consent following a court application, and the effects of adoption. They also highlight cases and first-hand experience in recent years.

Show Notes01:03 Different types of adoption 02:05 Statistics 03:08 Criteria 05:16 Consent and restrictions 16:27 Adoption by same-sex couples 17:51 The role of the Social Welfare Department 23:25 Overseas relocation

Learn more: https://www.hugillandip.com/2023/01/podcast-s4e4-family-the-adoption-process-in-hong-kong/

Raphael specializes in Family and Private Client practice, including matrimonial, Probate & Trusts – both contentious and non-contentious.

Learn more: https://www.hugillandip.com/solicitors/raphael-wong/

Jacqueline assists clients with non-contentious cross-jurisdictional probate and estate administration legal matters, as well as estate planning and drafting wills for high net-worth individuals.

Learn more about her: https://www.hugillandip.com/solicitors/jacqueline-cheng/

Hong Kong families are generally familiar with using different assets holding structures (including off-shore structures) to hold their family assets, businesses, real estate and investment portfolios. However, such structures may have been set up without the assistance from professional advisors or may no longer be fit for purpose which can give rise to disputes.

We are one of the few law firms in Hong Kong with a dedicated practice in contentious trusts and estates, combining our expertise in advising private clients in their wealth and estate planning and resolving any potential disputes among family members.

Get more insights about our Contentious Trusts & Estates: https://www.hugillandip.com/legal-services/contentious-trusts-estates/

Alfred Ip and Geraint Ho discuss how family businesses and asset-holding companies can add another layer of complexity to family wealth disputes. They share common scenarios of wealth disputes and some of tips on how to best avoid these situations when setting up a family company or when planning its generational succession.

Show Notes00:57 The purpose of asset-holding vehicles 06:36 Family business and generational succession 11:06 Articles of Association 13:55 Common family business disputes 18:18 Valuation of a business 20:04 The importance of proper Estate Planning

Learn more: https://www.hugillandip.com/2022/10/podcast-s4e3-contentious-trusts-estates-family-disputes-involving-companies/

Adam Hugill walks through the Labour Tribunal rules, procedures and what to expect in employment disputes. He references his experience giving practical advice and using real-life examples.

Show Notes

01:27 The purpose of the Labour Tribunal 02:52 Type of claims and limitation period 05:08 Transferring claims to other courts 05:54 How does the process work? 08:12 Settlements 09:18 Duration and managing stress 12:00 Some examples of Labour Tribunal trials 14:34 Witness evidence and VCF 18:35 Appeals 21:04 Legal costs and recoverable expenses

Learn more & Subscribe: https://www.hugillandip.com/2022/07/podcast-s4e2-employment-labour-tribunal-proceedings/