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As recognized by Recorder Abraham Chan SC in the very first line of his Reasons for Decision inChina Evergrande Group v Triumph Roc International Ltd [2023] HKCFI 2432, it is no secret that the Plaintiff, China Evergrande Group, is in financial difficulties and further, in June 2022, winding up proceedings have been commenced.

From 1 April 2016, conditional fee agreements (CFA), after the event premiums and success fees will no longer be recoverable in insolvency cases.

The legislative change is set to have the biggest impact on lower-value insolvency cases (damages less than £500,000 and legal costs lower than £200,000).