Civil Procedure

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...
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
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
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
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
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...
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...
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...
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...
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
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
Introduction Dispute resolution is big business. The leading financial centres of the world vie to attract both arbitration and litigation work. London has enjoyed a large volume of international...
November 2019
AA v Securities and Futures Commission (No 3) [2019] 3 HKLRD 790, [2019] HKCFI 1703 Court of First Instance Constitutional and Administrative Law List No 41 of 2016 Zervos JA 9 July 2019...
September 2019
Civil procedure — application to appellate court for leave to amend pleadings after judgment given against applicants at first instance — proposed amendments raised new case and entailed withdrawal...
September 2019
Civil procedure — default judgment for vacant possession to be set aside —whether decision that defence of adverse possession had no real prospect of success plainly wrong On 13 November 2015, P...
August 2019