Warren Ganesh

Senior Consultant, RPC

In the first case of its kind, the Court of First Instance of the High Court in A & B v Commissioner of Police [2021] HKCFI 1801 has upheld a claim to legal advice privilege with respect to…
August 2021
On 26 March 2021, the Ministry of Foreign Affairs (MOFA) of the People’s Republic of China announced sanctions against certain individuals and entities in the United Kingdom. In the current…
May 2021
Several recent common law cases have involved disputes as to the proper ambit of litigation privilege. The parties in dispute may be commercial parties or private litigants or one or other against a…
November 2020
"Solicitor-client privilege exists between a foreign lawyer and his client to the same extent as the privilege exists between a solicitor and his client." (Legal Practitioners Ordinance (Cap. 159), s…
October 2020
At the time of writing, Re Chow [2020] HKCFI 2020 is the latest reported case dealing with the court's power to make adverse costs orders against parties on the basis that they have unreasonably…
September 2020
The warning was there in an Industry Insights of the Hong Lawyer Journal, April 2015 (“Internal Controls – No Passing the Buck or Turning a Blind-Eye"): "… Unlike some regulators in some parts of…
July 2020
In Jet2.com Ltd v Civil Aviation Authority [2020] EWCA Civ 35, the English Court of Appeal held that a "dominant purpose" test applies to the underlying rationale for legal advice privilege (as it…
May 2020
Oxford University Press (Reference – Online): “Without Prejudice” – “A phrase used to enable parties to negotiate settlement of a claim without implying any admission of liability. Letters and…
February 2020
Overall, in the common law and civil law worlds, 2019 was a pretty good year for legal professional privilege. England & Wales The Court of Appeal once again appeared to try to atone for…
January 2020
/*-->*/ The outcome of the English Court of Appeal’s judgment in Curless v Shell International Ltd [2019] EWCA Civ 1710 is to overturn an Employment Appeal Tribunal’s decision that decided that a…
December 2019
The acronym “PSD” appears to have several different meanings depending on the context in which it is used. For example, Patient Specific Direction (medicine/nursing), Post-Stress Disorder (health…
November 2019
Given the widespread use of “without prejudice” communications by legal practitioners and their clients, the English High Court’s judgment in Sternberg Reed Solicitors v Harrison [2019] EWHC 2065 (Ch…
October 2019
In the last year or so, a series of first instance English judgments have considered the application of legal advice privilege to communications to or from “in-house” lawyers within a corporate…
September 2019
At the time of writing, N v RBS Plc [2019] EWHC 1770 (Comm) is the most recent reported judgment by an English court concerning a bank's contractual right to terminate a customer's bank account in…
September 2019
/*-->*/ The Securities and Futures Commission’s “Statement of Disciplinary Action” (the “SFC’s Statement”), attached to its press release dated 10 July 2019 (and publicly available), makes for…
August 2019
At the time of writing, the Financial Action Task Force's mutual evaluation report for Hong Kong is due to be formally "delivered" in a plenary discussion (for publication later this summer),…
July 2019
Given the importance of “without prejudice” communications to lawyers and their clients, the decision of the English High Court in Briggs & Ors v Clay & Ors [2019] EWHC 102 (Ch) should be of…
June 2019
Given the importance of the legal profession, solicitors and the local bar to the development of the common law within “One Country, Two Systems”, applications for ad hoc admission by overseas…
April 2019
In Poben Consultants Ltd v Clearwater Bay Golf & Country Club [2019] HKCA 107, the Court of Appeal considered the test for determining whether a communication is made "without prejudice". Given…
March 2019
An important appeal judgment in a failed judicial review challenge in Interush Ltd v Commissioner of Police has been handed down ([2019] HKCA 70, CACV 230/2015). The background to the case is…
February 2019