Dispute Resolution

Shares – transfer – execution by Registrar of instrument of transfer of share held on trust – rectification of register of members Pursuant to O. 85 of the Rules of the High Court (Cap. 4A, Sub....
October 2016
The Consumers Council has recommended revising and improving consumers’ ability to resolve disputes with traders in Hong Kong. At present, aggrieved consumers’ options include presenting complaints...
October 2016
Two recent Court of Appeal cases, one in Hong Kong and the other in England & Wales, illustrate circumstances in which courts will waive the confidentiality attached to mediation and without...
October 2016
Litigation solicitors will benefit from reading comments of Deputy High Court Judge Seagroatt in his reasons for decision in Wide Power Corporation Limited v The Incorporated Owners of Manhattan...
October 2016
Vexatious litigant – s. 27 order restraining litigant from commencing or issuing fresh claims or proceedings against plaintiff – granted by consent with proviso D, acting in person, brought or was...
October 2016
Hong Kong's Financial Dispute Resolution Centre ("FDRC") has proposed to raise the level of money an investor can claim under the scheme sixfold, as well as extending the limitation period for...
October 2016
Expert evidence – personal injuries claim – leave to obtain supplemental joint report – late application – whether further assistance from experts necessary P, a glass panel installer, brought...
October 2016
Sanctioned offer or payment – disclosure of sanctioned payment in application for security for costs – general rule was that permissible only where admission of liability of amount greater than...
September 2016
Civil contempt – breach of court orders for disclosure of documents – appropriate sentence – whether mitigating factors warranting non-custodial sentence D1 and her daughter, D2, were suspected of...
September 2016
Costs – sanctioned offer or payment – offer that plaintiff withdraw statement of claim and there be no order as to costs – offer containing term as to costs not valid sanctioned offer under O. 22...
September 2016
In L v B (HCCT 41/2015), proceedings relating to enforcement of an arbitration award in Hong Kong, the Court of First Instance (“Court”) granted the Applicant substantial security in return...
September 2016
As noted in the Insights for August 2016 (“Legitimate Interest in Without Prejudice Communications”) there have been some interesting recent common law developments concerning the “unambiguous...
September 2016
In Harvest Treasure Ltd v Cheung Fat Enterprises Ltd [2016] HKEC 1550 (to be reported), the Court of Appeal recently clarified the circumstances in which an expert witness, subject to...
September 2016
The principle that “fraud unravels all” (whether judgments, contracts or other transactions) is one that is familiar to lawyers. In the recent case of Hayward v Zurich Insurance Co. Plc...
September 2016
In recent years, international arbitration has emerged as a high-growth area for the litigation funding industry. All the major funders now have international arbitration cases in their portfolios,...
September 2016
Intellectual Property – Domain Name Arbitration – Hong Kong Domain Name Registration Policies, Procedures and Guidelines for .hk and .香港 domain names (“Policy”) – Arbitration Ordinance – misleading...
August 2016
With China emerging as a major maritime nation and following the announcement of the The Belt and Road Initiative, there has been much discussion on how Hong Kong can capitalise on its advantage as a...
August 2016
In a series of recent judgments handed down by the Court of Appeal in Hong Kong, an issue arose as to the rate of pre-judgment interest awarded on damages for non-personal injury civil claims, in the...
August 2016
Given the importance of without prejudice privilege in settlement communications, the recent Court of Appeal judgment in Crane World Asia Pte Ltd v Hontrade Engineering Ltd [2016] HKEC 1377...
August 2016
In recent years, the Singapore International Arbitration Centre (“SIAC”) has emerged as one of the most popular options for international disputes in Asia and more broadly. However, parties have...
August 2016