Civil Procedure

What Happened? A couple of years ago, the High Court and District Court Rules Committees began a review of whether the “fraud exception” to summary judgment should be abolished. RHC/RDC Order 14 (“…
September 2021
“With respect, I find this behaviour of P shocking. P is not above the law, and P is not entitled to ignore an order of this Court. No person is… P is hereby reminded that non-compliance with an…
September 2021
In the recent case of FNG v BCJ ([2021] HKCA 160), the Court of Appeal clarified that an appeal should be regarded as a separate matter from the proceedings in the court below. Thus, solicitors on…
August 2021
CHAN HON V. BAYER HEALTHCARE LIMITED, BAYER DIAGNOSTICS LIMITED AND BAYER WEIMAR GMBH UND CO. KG [2020] HKCA 1090 On 31 December 2020, the Court of Appeal in this case allowed the appeal of the 2nd…
July 2021
Facts A motorcycle ridden by P came into collision with a taxi owned by D1 and driven by D2 who had hired the taxi from D1. P brought a personal injuries action against Ds. Held, dismissing the…
July 2021
P, a shareholder of Convoy Global Holdings Ltd (CG), commenced two common law derivative actions. The claim in HCA 1479/2018 related to the fact that between February and October 2016, Forthwise…
May 2021
Background The respondent was a company incorporated in Hong Kong with three directors, one BVI company and two natural persons, namely Ms. Wang and Ms. Yang. The two directors, Ms. Wang and Ms.…
February 2021
Facts In light of the increased doxxing activities directed at judges and judicial officers and their family members arising from recent protests and public order events, the Secretary for Justice (…
February 2021
COVID-19 has impacted people’s lives across the globe in countless ways. For those with plans to get married this year, weddings have had to be postponed or cancelled. Some people, however, may have…
November 2020
The Hong Kong Academy of Law organised 29 courses and seminars by webinars in September which were attended by over 2,500 participants.  One was the “Challenges of InsurTech” held on 15 September.…
November 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
Introduction In the context of cross-border litigation, particularly for fraud claims, the Mareva Injunction, a worldwide asset freezing order, is a nuclear weapon of the law in the fight against…
August 2020
Introduction The current litigation trend exhibited a rise in cases where shareholders sought to recover the reduction of their shares’ value which was reflective of the company’s loss. Various…
July 2020
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
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 (“SHK”) (HCMP 1700/…
April 2020
The health risks caused by the coronavirus disease (“Covid-19”) have disrupted the way people interact and work, and have pushed many businesses to consider adaptations for business continuity. One…
April 2020
I have appeared in a complicated Order 14 with a number of points of law in the case, and An Interim Payment Case of modest complexity. In each case the Master has refused effectively to give written…
March 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 was ordered…
January 2020
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
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 was an…
December 2019