Case Updates

Civil procedure — costs — sanctioned offer or payment — plaintiff accepted defendant’s sanctioned payment — exceptional circumstances justifying departure from general rule under O. 22 r. 20(1) that...
May 2020
Arbitration — court-ordered interim measures — anti-suit injunction as interim measure under s. 45 — Arbitration Ordinance (Cap. 609) There were pending arbitration proceedings in Hong Kong...
May 2020
Criminal law and procedure — trial — summing-up — summing-up on issue as to drawing of inferences would be unbalanced if it did not deal with defence case, as well as prosecution case, on issue...
May 2020
In this case, the District Court considered issues surrounding a substantial claim for untaken annual leave and an employer’s duty to monitor and keep track of their employees’ annual leave...
April 2020
The Applicant in bail proceedings in the High Court (having been refused bail in the Magistracy) offered as a condition of bail to install up to three CCTV cameras at his home so as to monitor his...
April 2020
In the recent cases of 匯力(天津)股權投資基金管理有限公司 (“Huili”) & 北京海欣方舟房地產開發有限公司 (“Haixin”) v Sunfund Investment & Management Co Ltd (“SIM”) & Sunfund (Hong Kong) Company Limited...
April 2020
The Copyright Tribunal (“Tribunal”) was established in 1997 and has recently issued its first ever Decision. The originator (“Neway”) was responsible for obtaining copyright licences for the...
March 2020
The Applicant was charged with causing death by dangerous driving. He pleaded not guilty to the offence in the District Court but admitted the lesser offence of careless driving. He was convicted of...
March 2020
Conspiracy and knowledge of specific drug Hong Kong Customs and Excise officers carried out a controlled delivery operation of parcels arriving from overseas and arrested a man. The appellant was...
February 2020
The Court of First Instance overturned the decision made by the Labour Tribunal relating to how to interpret the terms of an employment contract and liability to make a payment in lieu of notice when...
February 2020
Company law — scheme of arrangement — sanction by court — modifications to scheme and scheme document after distribution of scheme document, before and at scheme meeting — whether modifications...
January 2020
A barrister and a firm of solicitors were initially retained on a private basis for an Applicant in his appeal against his indecent assault conviction in the High Court. One of the grounds of appeal...
January 2020
Administrative law — Appeals Tribunal of Hong Kong Federation of Insurers — Hong Kong Federation of Insurers Insurance Agents Registration Board — failure of administrative tribunal to seek proper...
January 2020
Civil procedure — costs — sanctioned offer or payment — approach to awarding of enhanced interest and indemnity costs when plaintiff did better than sanctioned offer By an order nisi it...
January 2020
Springboard Injunctions In this case, the High Court considered the scope of a springboard injunction application brought by McLarens Hong Kong Limited (“McLarens”). Material Facts McLarens...
December 2019
Wills, probate and succession — administration of estate — executor — removal — substitution of court-appointed administratrix — continued occupation of deceased’s properties by former executor —...
December 2019
Civil procedure — security for costs — application for order against plaintiff under Companies Ordinance (Cap. 622) s. 905 — counterclaim by defendant — whether unjust to order security because claim...
December 2019
Criminal sentencing — cruelty to animals — sentencing principles — inappropriate to lay down sentencing tariffs or guidelines given existing statutory framework — deterrent sentence necessary —...
December 2019
Family law — children — relocation — appeal against order relocating children out of jurisdiction — judge correct in adopting approach in Payne v Payne — drastic change of circumstances since...
December 2019
Company law — voluntary winding-up — whether should be converted to compulsory winding-up — if majority of creditors preferred voluntary liquidation, petitioner would have to show valid reason An...
October 2019