David Smyth

Partner, RPC

Lasmos Ltd v Southwest Pacific Bauxite (HK) Ltd [2018] HKCFI 426, 2 March 2018, is another in a line of cases that demonstrate the pro-arbitration stance of the courts in Hong Kong. The case...
10 April 2018
For many readers (particularly, “couples” travelling through the customs channel from Hong Kong to the Mainland), the Court of Final Appeal’s judgment in HKSAR v. Lam Tan Ching [2018] HKCFA 1,...
6 March 2018
The recent case of Fung Hing Chiu v. Henry Wai & Co [2018] HKCFI 31 confirms that the High Court’s power to order the taxation of a solicitor’s bill, pursuant to s. 67 of the Legal Practitioners...
6 March 2018
News towards the end of last year that the Grand Court in the Cayman Islands had approved a third party litigation funding agreement is a reminder of the pace of developments in different premier...
9 February 2018
As previously noted in Industry Insights (June 2017, “Auditors’ Professional Standard Headed for Final Appeal”), in Registrar of HKICPA v Wong & Anor, FACV 10/2017, 22...
9 February 2018
When the increase in the solicitors’ hourly rates for party and party taxation in the civil courts in Hong Kong was announced in December 2017 there was little or no fanfare. The “benchmark” hourly...
4 January 2018
There was a time when the law of “Evidence” was taught more comprehensively in many law schools. Contrary to the views held by some, there is a body of law called “Evidence” in civil proceedings; it...
11 December 2017
The recent judgment in Competition Commission v Nutanix & Ors, CTEA 1/2017, 3 October 2017, refers to a legislative trend to replace the privilege against self-incrimination with a so-called...
8 November 2017
The Hong Kong Solicitors’ Guide to Professional Conduct, Chapter 8.03, Commentary 6: “Where it is obvious to a solicitor that documents have been mistakenly disclosed to him on discovery or...
3 October 2017
Hard facts can make for tough decisions. So might be said of the judge’s review of a master’s decision on a solicitor and own client taxation in Lam & Lai (Solicitors) v Ho Chun Yau Albert,...
7 September 2017
In Registrar of Hong Kong Institute of Certified Public Accountants v X, CACV 244/2016, 2 June 2017, the respondent accountants are appealing a decision of a Disciplinary Committee that they...
18 August 2017
Given the similarities with regard to the laws of maintenance and champerty in Ireland and Hong Kong, and the “sisterhood” of the common law, the recent judgment of the Irish Supreme Court in ...
14 July 2017
Professional Accountants Ordinance (Cap. 50), Section 34 – Disciplinary Provisions “(1) A complaint that – (a) a certified public accountant … (vi) failed or neglected to observe, maintain...
8 June 2017
As previously noted (Industry Insights, December 2016), overall 2016 was a tougher year for overseas applicants (English QCs) looking to obtain ad hoc admission to the Hong Kong Bar,...
5 May 2017
There is a line in the famous song of the same title that goes something like: “The love we share, seems to go nowhere”. Not only is there an industry out there of such things as “Telephone Scams...
19 April 2017
As new and old Presidents move in and out of a “White House” and a “Blue House” respectively, to the tune of the song “My Way”, the Securities and Futures Commission in Hong Kong is doing things its...
16 March 2017
The Court of Appeal’s interesting judgment in Registrar of Hong Kong Institute of Certified Public Accountants v Wong & Anor [2016] 4 HKLRD 763*, demonstrates a general reluctance on...
7 February 2017
Many local practitioners who conduct litigation on behalf of clients involving litigants in person will probably at some time have experienced similar frustrations. In particular, a tendency on the...
10 January 2017
Just like some yellow buses in Central, after a period of quiet, publicly reported cases dealing with applications by overseas counsel for ad hoc admission in Hong Kong sometimes come along...
7 December 2016
As noted in the Insights for August 2016 (“Legitimate Interest in Without Prejudice Communications”) there have been some interesting recent common law developments concerning the “unambiguous...
13 September 2016
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