David Smyth

Partner, RPC

An Insight into the rationale for litigation privilege – "The second category of legal professional privilege is wider than the first, but arises only when litigation is in prospect or pending....
3 October 2018
Action to recover costs – “Subject to the provisions of this Ordinance, no action shall be brought to recover any costs due to a solicitor until 1 month after a bill thereof has been delivered...
5 September 2018
In the closing paragraph of the judgment in Re CW Advanced Technologies Ltd [2018] HKCFI 1705, the court had this to say about the lack of any statutory regime for cross- border insolvency...
5 September 2018
In Chang Wa Shan v Esther Chan Pui Kwan [2018] HKCFA 29, the Court of Final Appeal (among other things) declined to extend the common law defence of absolute privilege in the law of...
3 August 2018
It is commonly said that joint plaintiffs must be represented by the same solicitors. That is true to a point. However, the courts in Hong Kong have an inherent power to grant permission for separate...
9 July 2018
At the heart of the appeal before the Court of Final Appeal in Astro Nusantara International B V v PT Ayunda Prima Mitra [2018] HKCFA 12 was the appellant's application for time (pursuant...
9 July 2018
Sections 221(1) to (3) of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) were repealed and (in effect) replaced with sections 286B and 286C, pursuant...
11 June 2018
If it is true that lawyers and judges (at the end of their careers) are judged by their contribution to the law then the state of legal professional privilege in England might suggest that a few have...
11 June 2018
In 2017 we reported that contested applications by overseas counsel for ad hoc admission to the Hong Kong Bar, pursuant to s. 27(4) of the Legal Practitioners Ordinance (Cap. 159), appeared...
17 May 2018
It pays to read the Law Society of Hong Kong circulars circulated to members each week. They contain important information that affect a lawyer’s practice. The headings of some circulars may sound a...
16 May 2018
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
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