David Smyth

Senior Consultant and Accredited Mediator, RPC

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...
5 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...
19 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...
10 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...
10 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/...
2 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...
2 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...
5 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...
12 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...
11 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...
10 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...
16 April 2020
The Securities and Futures Commission's "Statement of Disciplinary Action", attached to its Press Release dated 14 February 2020 (in the matter of a locally licensed company "CGML"), is another...
10 March 2020
Oxford University Press (Reference – Online): “Without Prejudice” – “A phrase used to enable parties to negotiate settlement of a claim without implying any admission of liability. Letters and...
13 February 2020
The recently announced increase to the Legal Aid budget confirms that legal aid expenditure should increase by approximately 41 percent for 2019/20. It is expected that the increased funding will be...
23 May 2019
Given the importance of the legal profession, solicitors and the local bar to the development of the common law within “One Country, Two Systems”, applications for ad hoc admission by...
9 April 2019
Extract from Speech of The President of Law Society at Opening of Legal Year 2019: "… What triggered an overall review of the foreign lawyers’ regulatory regime in 2016 were the strong concerns...
1 February 2019
As previously noted in Industry Insights (August 2017 and June 2018), Re A is a rare example of a contested application for admission to the Bar pursuant to s. 27(1) of the...
9 January 2019
The Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Ordinance was enacted on 14 June 2017 and came into operation on 23 June 2017. Certain key provisions were not...
9 January 2019
Just like this Industry Insights, a Securities and Futures Commission ("SFC") 2018 year end litigation report might well be (sub-)titled "Taking Care Of Business". The expression might...
4 December 2018
"Hong Kong residents shall have the right to confidential legal advice, access to the courts, choice of lawyers for timely protection of their lawful rights and interests or for representation...
4 December 2018
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