David Smyth

Senior Consultant and Accredited Mediator, RPC

A commercial disputes lawyer with over 35 years' experience, David has extensive experience in handling the defence of professional indemnity, financial lines and other special risks claims as well as advising insurers in relation to such claims.

David has worked on the defence of claims in various jurisdictions including England, Hong Kong, Singapore, Malaysia, the PRC, Taiwan, Bermuda and the BVI.  He also has significant experience in handling regulatory and disciplinary matters.

He has considerable experience providing general risk management advice to professionals such as accountants, solicitors, insurance brokers, surveyors and stock-brokers. 

Most recently, he has been developing a practice as a commercial mediator. David is accredited as a mediator by both the Centre for Effective Dispute Resolution (CEDR) and the Hong Kong Mediation Accreditation Association Limited (HKMAAL).

What Happened? The Legal Practitioners (Amendment) Bill 2021 (“the Bill”) appears to have passed through the Legislative Council in almost record time, assisted by the support of (among others) the…
September 2021
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
SNAPSHOT In a judgment of the Solicitors Disciplinary Tribunal (England) in the matter of Re Claire, Case No. 12005-2019, dated 25 March 2020, a junior solicitor (the respondent) was found to have…
July 2021
SNAPSHOT Secretary for Justice v Wong [2021] HKCFI 162, confirms that for a communication to be protected by without prejudice privilege it must have been made in the context of a “relevant dispute…
June 2021
Inheritance (Provision for Family and Dependants) Ordinance, Cap. 481 (“the Ordinance”) allows dependant to make an application for the Court to order “reasonable financial provision” from the estate…
June 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
SUMMARY Against the backdrop of the challenges of the COVID-19 pandemic and the Judiciary Administration’s consultations on the greater use of remote hearings for court proceedings, the recent case…
April 2021
Summary In Ng v The Council of the Law Society of Hong Kong [2021] HKCFI 379, the High Court held that Schedule 2 of the Legal Practitioners Ordinance (Cap. 159) provides a complete statutory scheme…
March 2021
In the matter of a Solicitor v Solicitors Regulation Authority (SRA) [2020] EWHC 3231 (Admin), the appellant solicitor successfully appealed a judgment of the Solicitors Disciplinary Tribunal before…
March 2021
At the time of writing, the Hong Kong Bar Association’s “Report of the Standing Committee on Overseas Admissions 2020” is yet to be published on its website. Once published, it will be interesting to…
February 2021
“Without prejudice to the provisions of Part IIA of this Ordinance and this Schedule, the Council may apply to the Court of First Instance for an order as to the disposal or destruction of any…
January 2021
Part 2 In Part 1, we set out the background to the Guidance Note and referred to some of its provisions. At the time of writing, there are several concerns.  Without Prejudice Correspondence/…
December 2020
Part 1 – Coming to the District Court Soon If you go down to Wan Chai soon, you could be in for a big surprise. At the time of writing, the District Court’s new “Guidance Note for Case Settlement…
December 2020
PART 2 In Part 1, we set out the background to the Guidance Note and referred to some of its provisions. At the time of writing, there are several concerns. WITHOUT PREJUDICE CORRESPONDENCE/…
December 2020
PART 1 – COMING TO THE DISTRICT COURT SOON If you go down to Wan Chai soon, you could be in for a big surprise. At the time of writing, the District Court's new "Guidance Note for Case Settlement…
December 2020
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
In Kim Min Ju v Law Society of Hong Kong [2020] HKCFI 2367, the Chief Judge of the High Court affirmed the respondent's decision to reject an application for a waiver pursuant to s. 6(6A) of the…
October 2020
In Re Simpson QC [2019] HKCFI 2689 the High Court allowed an application, pursuant to s. 27(4) of the Legal Practitioners Ordinance (Cap. 159), for an overseas barrister to advise and appear for the…
September 2020
In the matter of Solicitors Regulation Authority (England & Wales) v A Solicitor (Case No. 12046-2020), a respondent solicitor has been struck off for deliberately misleading the other party's…
July 2020
Civil Proceedings In Cyberworks Audio Video Techology Ltd (In Compulsory Liquidation) [2020] HKCFI 347, the High Court decided that it could determine a court application by way of a telephone…
April 2020