Malcolm is head of the litigation and financial services (contentious) practice. He acts for large multinational corporations to medium and small sized companies and banking institutions on all aspects of litigation, arbitration and other forms of dispute resolution. He specialises in commercial litigation, insolvency and shipping. Malcolm also advises professional services firms on indemnity matters.
Malcolm joined Stephenson Harwood & Lo (Hong Kong) (now Stephenson Harwood) as a partner in 1989 and became a partner in Stephenson Harwood (London) in 1994.
Malcolm has been identified as a Leading Individual in Dispute Resolution by Chambers Asia 2008-2013 respectively. He was also identified as an Asialaw Leading Lawyer for Dispute Resolution in 2004, 05, 08 -12 and as a Leading Litigation Lawyer by Expert Guides to the World’s Leading Litigation Lawyer from 2008 - 2012.
Insolvency and restructuring
Malcolm has significant insolvency and restructuring experience involving a number of jurisdictions.
He successfully represented the Official Receiver's Office in the first ever application by the Official Receiver in Hong Kong for the removal of liquidators from office, including several related interlocutory applications. The matter proceeded to the Court of Appeal.
He also acted for Tradepower Hong Kong Limited and its directors defending claims by the liquidators of Tradepower Holdings alleging unfair or fraudulent preference and misfeasance. After a three day trial, he successfully persuaded the Court to dismiss the claims, setting down for the first time an authority on the operation of S60 of the Conveyancing and Property Ordinance.Professional indemnity
Malcolm specialises in accountancy negligence issues.
He prosecuted an audit negligence claim on behalf of the liquidators of an insolvent group of companies against a 'Big Four' accountancy firm and the ex-managing partner of that firm. The claim is quantified, excluding interest, at approximately HK$590 million.
He also advised departing partners of a 'Big Four' accountancy firm in relation to their partnership and employment agreements.
Marine and international trade
Malcolm and his team advises ship owners, ship yards, banks, insurers, P&I clubs and energy services companies. He recently successfully defended a marine insurance claim on behalf of People’s Insurance Company of China (Hong Kong) Ltd. (“PICC”) against Kam Hing Trading Ltd. (“Kam Hing”), following an eight-day hearing in the Hong Kong Court. The case filed a landmark decision on ICC/01.
Malcolm specialises in providing contentious regulatory and compliance advices to banking institutions and intermediaries, insolvency practitioners, borrowers, brokers, investors and issuers.
Contentious trust matters
Malcolm specialises in advising both international and domestic clients on contentious trust and probate matters. He and his team acted for the administrators of the Estate of Nina Wang, Asia’s richest woman in the dispute over entitlement to her estate (reported to be worth in excess of US$10 billion).