Richard Hudson

Partner | Litigation and Dispute Resolution

richard.hudson@deacons.com

+852 2825 9680

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Richard, a Solicitor Advocate, has more than 25 years’ experience of a broad range of Litigation matters, including most notably contentious insolvency, regulatory and investigatory matters, contentious probate, employment litigation, litigation relating to professional indemnity and disciplinary matters, email fraud and cybercrime, and litigation with a cross border element.

Richard regularly advises office holders and creditors in relation to all aspects of contentious personal and corporate insolvency matters. Notable instructions include acting for the liquidators of a major bank in fraudulent trading proceedings brought against a former shareholder, acting for Hong Kong and Bermudan liquidators of a major electronics firm listed on the Hong Kong Stock Exchange with debts of over HK$1 billion, acting for a liquidator of a property holding company in proceedings involving creditors of the company asserting competing secured and proprietary claims over the funds in the liquidation estate, and acting for the Trustee in Bankruptcy of the estates of two directors of an insolvent airline company.

Richard also regularly advises companies and individuals in relation to criminal and regulatory investigations and proceedings, disciplinary actions and internal investigations in relation to fraudulent employee conduct.  Has experience of investigations and proceedings brought by the ICAC, the SFC (most notably in investigations in relation to the alleged mis-selling of investment products), the HKICPA and the Law Society of Hong Kong (most notably, acting as the intervention agent for solicitors’ firms closed by the Law Society and as a prosecutor in Law Society disciplinary proceedings).

He advises both employers and employees in relation to contentious matters involving employee fraud, restraint of trade and general employment issues.  Notable cases include successfully defending a claim brought against a management company by members of a pop group, which is the leading Hong Kong case on restraint of trade clauses in contracts in the entertainment industry.

He regularly acts for companies and individuals who are the victims of email and internet frauds in seeking to recover monies stolen from them and sent to Hong Kong: has extensive experience of obtaining injunctions to freeze stolen money and third party discovery orders against banks.

Highlights

• acted for a wealthy Hong Kong socialite in opposing proceedings brought by her Father-in-Law seeking leave to swear to the death of her missing husband
• acted for a member of South-East Asian Royal Family in defending multi-jurisdictional proceedings brought by the State and State investment agency relating to the alleged misappropriation of over US$15 billion of State funds
• acted for the trustees in bankruptcy of the estates of two former high net worth individuals, including bringing successful applications for the examination of individuals who have knowledge of their affairs and to object to their discharge from bankruptcy at the end of the 4 year bankruptcy period
• acted for a North American retail conglomerate in successfully obtaining Norwich Pharmacal discovery orders and related anonymity and gagging orders against a bank in respect of a fraudulent scheme being run by its employees pursuant to which they received kickbacks from manufacturers of products sold by the client
• advised Limited Partners of a Cayman fund in relation to misfeasance by the General Partner and fund manager. This highly complex matter involves questions of Hong Kong and Cayman law in the area of trusts, funds, insolvency and directors’ duties
• obtained an injunction in Hong Kong in support of foreign divorce proceedings to freeze funds which the client’s husband was attempting to hide from her and the foreign court, and to obtain an extended gagging order to enable the client to obtain injunctions in different jurisdictions simultaneously
• acted for the Hong Kong liquidator of a property holding company incorporated in the British Virgin Islands in relation to litigation concerning the beneficial ownership of the proceeds of sale of properties formerly owned by that company, which are subject to proprietary and secured claims

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