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Bryan O'Hare | Hill Dickinson

Bryan O'Hare

Bryan is a partner in Hong Kong and leads the commercial and insolvency disputes practice.
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Bryan has over 20 years of legal practice in Hong Kong working at leading global law firms. He has extensive experience in all aspects of dispute resolution including trial preparation, conducting trials, asset tracing and asset recovery and settlement negotiations. He often handles challenging commercial and insolvency related disputes. He has managed numerous high-profile disputes from the Court of First Instance up to the Court of Final Appeal. He also has experience of domestic and international arbitrations and mediations.

He acts primarily for financial services companies, financial institutions, leading insurers and reinsurers, turnaround management firms and court appointed liquidators and receivers and high-net-worth private clients.

Bryan has particular experience of debtor payment defaults, corporate insolvencies, receiverships, corporate fraud, breach of fiduciary duties by directors and officers and trustees, shareholder disputes, professional negligence and sale of goods/commodity disputes. During the global financial crisis, he also acted for leading financial institutions defending investment product ‘mis-selling’ claims and the related regulatory/compliance investigation. He also has experience managing multi-jurisdiction litigation including PRC cross-border disputes and cross-border insolvencies and pursuing multiple claims following a corporate collapse as a result of a fraud by the former management. He has experience pursuing claims offshore such as Cayman, BVI and Samoa. He regularly obtains urgent interim relief for clients including asset freezing and disclosure orders.

Bryan is a regular writer, commentator and presenter on dispute resolution and insolvency market trends and developments. He has been a joint contributor to the Hong Kong White Book for many years and he authored the Bullen & Leake Chapter on Insolvencies and Companies (Hong Kong 2013 First Edition and 2017 Second Edition). He is also a featured video presenter on the Conventus Law online legal media platform. He graduated from the University of Strathclyde with a bachelor of laws and post-graduate diploma in legal practice.

Further details

  • Experience

    • Advising the liquidators of UK-based travel operator in relation to enforcement of USD $10 million UK judgment in Hong Kong and related cross-border insolvency issues including winding-up proceedings and the related appointment of liquidators and asset recovery strategic advice
    • Advising 50% shareholder with issuing multiple petitions in the High Court of Hong Kong for share buy out or winding up orders for various corporate entities within a pan Asian garment sourcing and manufacturing group of companies (involved valuation methodologies and analysis and application of the now famous ‘Yung Kee’ principles for winding-up unregistered foreign companies in Hong Kong on just and equitable grounds)
    • Advising an ultra-high net worth private client with an appeal to the Hong Kong Court of Appeal in relation to a substantial damages claim for over USD $50 million against two global investment banks arising from the sale of a commercial property portfolio in Beijing to a Hong Kong publicly listed real estate investment trust  
    • Advising a leading European private bank on global asset recovery strategy through multiple corporate ‘layers’ across different jurisdictions following a substantial internet bank scam known as ‘CEO fraud’ resulting in theft of USD $60 million
    • Advising a group of minority shareholders in a highly contentious shareholder dispute arising from the ownership and operation of a boutique island resort in Fiji
    • Advising a ‘quasi-partner’ of a leading commercial premises refurbishment company arising from dispute with other 50% shareholder including shareholder equitable discretionary remedies such as share buy-out options and just and equitable winding-up
    • Advising a Hong Kong media consultancy company with proceedings in Hong Kong and Italy against a Finland based radio-frequency operator (connected with the PRC Government) to recover unpaid consultancy fees and damages (over £1 million) for breach of media consultancy services agreement relating to the sourcing and operation of a radio stations in Europe
    • Advising a US private equity fund with regard to urgent asset protective remedies arising from a substantial shareholder’s dispute
    • Advising a US hedge fund on substantial damages claims against the former directors of a PRC security services provider arising from misrepresentations in subscription offer documents and improper use of company funds (successfully obtained Hong Kong judgment for USD $25 million after a trial)
    • Advising group of secured creditors on security enforcement strategy to realise  trust assets held by the liquidators of Asia based insolvent P2P mortgage lender and alternative financial products and services provider following a substantial fraud  and related litigation against the former directors
    • Advising the shareholders of a major veterinary services provider in connection with a group restructuring and related insolvency issues including a successful global settlement of multiple legal actions by the Liquidators against the former directors and related parties
    • Advising a lender group on onshore and offshore security enforcement and related claims following a payment default relating to the debt obligations of a major PRC property group and its chairman, including taking legal and operational control of onshore subsidiaries
    • Advising a bondholder group on security enforcement and litigation strategy in multiple jurisdictions and potential exit solutions following payment defaults on USD $200 million convertible bond issued by China’s largest vegetable producer (the company ultimately redeemed the bonds in full)
    • Advising a security trustee in response to enforcement action by a bondholder group following payment default on USD $500 million facility agreement with a PRC property developer including obtaining urgent injunctive relief in Hong Kong
    • Advising noteholder group on enforcement strategy in response to fraud allegations arising from statement in prospectus including urgent injunction to freeze investment funds of USD $172.5 million
    • Advising the special managers and then provisional liquidators of Hong Kong’s primary motor insurer including related issues with the associated compensation bodies and claims against the former directors (Anglo Starlite Insurance Ltd)
    • Advising the Court appointed receivers (BVI, Hong Kong and Western Samoa) regarding the exercise of their powers and related insolvency and asset recovery issues in Hong Kong and the PRC arising from a joint venture dispute involving the largest beverage company in China (Danone Group -v- Wahaha Group)
    • Advising the liquidators of Hong Kong’s largest local stockbroker and related margin financing company (CA Pacific Securities Ltd and CA Pacific Finance Ltd)
  • Affiliations

    • Member of the Restructuring and Insolvency Faculty, Hong Kong Institute of Certified Public Accountants
    • Member of INSOL International
    • Admitted as a solicitor in Hong Kong
    • Admitted as a solicitor in Scotland
  • Languages

    • French (fluent)
    • German (conversational)

Bryan O'Hare's Expertise