Case Updates

Appeal Panel (Housing) – decision upholding decision of Housing Authority to issue notice to quit – whether breach of Tameside duty to investigate by Appeal Panel (Housing) X was a tenant of a...
October 2017
Hearsay – admissibility – directions to the jury Customs Officers intercepted a parcel arriving in Hong Kong finding that it contained 1.07 kg of cocaine. A name, address and telephone number was...
October 2017
Expert evidence – personal injuries claim – whether, given earlier consent order prohibiting expert evidence on liability, court had jurisdiction to grant leave – whether “sufficient cause” to vary...
October 2017
Insider dealing – whether s.213(2)(b) engaged – whether consent order to be made under s. 213(2)(b) restoring counterparties to pre-transaction position and/or compensating counterparties –...
October 2017
Nature of transaction – whether outright sale of interest in premises or in nature of secured bridging loan – characterisation of transaction matter of law not fact – specific performance sought by...
October 2017
Constructive trust – common intention constructive trust – family home – not uncommon in context of Hong Kong Chinese family for parents to acquire property in name of child and yet retain control...
October 2017
District Court – jurisdiction – jurisdiction under s. 36 to hear application for declaratory relief as to beneficial ownership of real property – s. 36 to be liberally construed as jurisdiction-...
October 2017
Case management – proceedings in Competition Tribunal – first case management conference – necessary directions to enable matter to proceed to substantive hearing fairly, expeditiously and...
September 2017
Dangerous drugs – trafficking – conviction on charge of trafficking – appellate court satisfied that precise quantity of drugs in defendant’s possession were for trafficking while rest should be...
September 2017
Costs – public interest litigation – unsuccessful appeal against dismissal of application for protective costs order – whether no order as to costs of application below appropriate In judicial...
September 2017
Dealing with property known or believed to represent proceeds of indictable offence – suspended sentence of imprisonment – review of sentence – subject to exceptional circumstances, offence attracted...
September 2017
Jurisdiction – District Court – characterisation of claims in bailment – transfer of admiralty action from High Court to District Court – nature of discretion involved when transfer of action from...
September 2017
Credit rating agency – definition of credit ratings – “red flag” report itself did not constitute credit rating – distinction between assessment of some (but not all) elements of credit risk and...
September 2017
Striking out – statement of claim – failure to plead particulars and disclose reasonable cause of action – whether action properly struck out In an action in the District Court against D, a broker...
September 2017
Dealing with property known or believed to represent proceeds of indictable offence – criminal liability for acts of another – prosecution case not presented in clear manner – failure to allege...
August 2017
Loss of earnings – loss of earning capacity – future medical expenses – approach to be taken by plaintiff in establishing entitlement to award of damages On 18 June 2009, P, then aged 34, was...
August 2017
Maritime claims – limitation decree – extension of deadline under decree for additional claimants to file claims against limitation fund – whether claims time-barred under s. 7(1) – whether claim “...
August 2017
Parentage – declaration sought under s. 6(1) that respondent natural father of applicant – respondent absent and no scientific evidence – immigration status of applicant at issue – degree of...
August 2017
Appeal – leave to appeal out of time – claim against third parties to contribute to damages suffered by injured plaintiff – whether extension of time to be granted P was a general worker engaged...
August 2017
Insider dealing – s. 271(3) defence that purpose of dealing did not include securing profit by “using relevant information” – “using” in s. 271(3) did not cover withholding or non-...
August 2017