David Smyth

Partner, RPC

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
Given the importance of without prejudice privilege in settlement communications, the recent Court of Appeal judgment in Crane World Asia Pte Ltd v Hontrade Engineering Ltd [2016] HKEC 1377...
8 August 2016
In previous editions of this journal we have referred readers to efforts by some defendants to test the parameters of the regime for sanctioned offers in the court rules (RHC/RDC O. 22). As we have...
12 July 2016
Much has been already written in previous editions of this journal about the problems of e-discovery in large-scale commercial litigation in Hong Kong. These problems are shared in many other...
14 June 2016
As we reported in our September 2015 Industry insights (“Bar’s Revised Guidelines for Ad Hoc Admission”), last year the local Bar Association revised its Practice Guidelines with respect to...
6 May 2016
What is Predictive Coding? Predictive coding refers to the review of electronically stored documents by computer software using algorithms (ie, computerised instructions based on an initial review...
5 April 2016
News of contraventions of the Securities and Futures Ordinance by two locally admitted solicitors caught the headlines earlier this year. One with respect to s.291 of the Ordinance (“Insider Dealing...
9 March 2016
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