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The Hong Kong Government received 37 submissions from the public in July 2024 regarding the Construction Industry Security of Payment Bill (“Bill”) and held discussions with deputations from different stakeholders at a LegCo meeting on 16 July 2024. On 2 October 2024, in a letter to the LegCo, the Government summarised some of the key points that had been made in the submissions from the public and gave its response to the submissions. While there is no indication from this letter that the Government would make any amendments to the wording of the Bill in relation to the submissions from the public, the letter raises some important points regarding the Bill and some follow-up actions that the Government said that it will undertake to deal with concerns raised by various stakeholders.

The recent decision by the Court of Appeal in FCA v BlueCrest Capital Management [2024]  reverses the Upper Tribunal’s decision in BlueCrest Capital Management (UK) LLP v FCA [2023].

The High Court has reaffirmed the strength of protection given to parties seeking to resolve a dispute through reliance on the ‘without prejudice’ rule during negotiations. In FW Aviation (Holdings) 1 Limited v Vietjet Aviation Joint Stock Company, the Court confirms the extraordinary nature of the ‘unambiguous impropriety’ exception and clarifies the ways in which ‘without prejudice privilege’ can be waived. Clare Reeve Curatola and Sanjay Lohano outline the nature and scope of the rule, providing practical tips for commercial parties looking to rely on this privilege whilst negotiating the settlement of a dispute.