Case Updates

Criminal law and procedure - appeal by case stated - Mass Transit Railway By-laws offences - failing to comply with reasonable direction of MTR official on railway premises under by-law 21(1) -...
September 2018
Civil Procedure – Arbitration – Arbitration Act 1996 – enforcement of award against assets located within the jurisdiction of the English court – application to set aside enforcement of arbitration...
September 2018
Administrative law - Collector of Stamp Revenue - decision refusing partial refund of additional ad valorem duty paid on purchase of new residential property after owner cancelled sale and purchase...
September 2018
Trusts - constructive trust - monies in defendant's bank account deposited as result of fraudulent e-mails - monies held on constructive trust - proper beneficiary of trust - whether summary judgment...
September 2018
Tort - negligence - child born disabled - claim for medical negligence based on "wrongful life" or "wrongful suffering" - failure to advise mother of material risk of foetus being born severely...
September 2018
Civil procedure - parties - legal representation - maritime collision - solicitors acting for plaintiff on claim not instructed to defend cross-claim - other solicitors seeking to act for plaintiff's...
September 2018
Civil procedure – validity of contract – no oral modification – whether a contractual term prescribing that an agreement may not be amended save in writing signed on behalf of the parties is legally...
August 2018
Taxation - stamp duty - chargeability - deed of family arrangement and deed of assent - whether chargeable with stamp duty - whether transfer of interest under deeds by one of three beneficiaries of...
August 2018
Administrative law - Long-term Prison Sentences Review Board - refusal to recommend converting indeterminate prison sentence to determinate one - whether Board erred in refusing to indicate any "...
August 2018
Legal profession - barristers - admission - "fit and proper" criterion - old criminal conviction for indecent assault - proper approach to whether criterion under s.27 satisfied - Legal Practitioners...
August 2018
Civil procedure - costs - costs against non-party - application under s.52A for non-party be ordered to pay costs as "real party" - grounds on which such order could be sought - defences which could...
August 2018
Company law - liquidation - order for production of documents under s.221(3) - meaning of documents "relating to the company" - included at least matters "concerning promotion, formation, trade,...
August 2018
Criminal sentencing — computation of sentences of imprisonment — whether (a) period of administrative detention; and (b) period in remand in relation to other offences of which defendant not...
July 2018
Criminal law and procedure - sexual offences - indecent assault, contrary to s.122 - indecent acts with girl aged 13 but whom defendant believed was aged 17 - defence of honest and reasonable belief...
July 2018
Company law — statutory derivative action — application for leave to commence statutory derivative action on behalf of charitable company limited by guarantee — whether in best interests of company...
July 2018
Intellectual property — trade marks — passing off — goodwill generated by branch office in Hong Kong of foreign law firm — ownership of goodwill — approach — unlawful transfer of trade marks —...
July 2018
Criminal evidence - expert evidence - admissibility - testimony of specialist psychiatrist on consumption rates of certain drugs in Hong Kong - whether testimony relevant and reliable - whether...
July 2018
Administrative law — Commissioner for Correctional Services — standing order issued by Commissioner requiring male prisoners, but not female prisoners, to have their hair cut — not direct sexual...
July 2018
Criminal law and procedure — personal data privacy offences — elements of offence — proof of mens rea not required — offence of strict liability — whether communication “direct marketing” — whether...
July 2018
Civil procedure — writ — amendment — writ mistakenly issued against company with same name as defendant but separate legal entity with different address — amendment of address on writ — was...
June 2018