Case Updates

Enhancement of sentence – reasons for not enhancing sentence, which would normally be enhanced due to presence of aggravating factor, should be given The indictment contained two counts of...
February 2017
Parties – intervener – application for leave to intervene in action to conduct defence on behalf of company in liquidation improper – application should be made in winding-up proceedings under s.200(...
February 2017
Costs – patent infringement – unmeritorious interlocutory application – modern approach to costs In intellectual property proceedings for an interlocutory injunction, the Judge held that Ps were...
February 2017
Corruption and bribery offences – meaning of “agent” and “other document” for the purpose of s. 9(3) of the Prevention of Bribery Ordinance – deception on company by sole directors of that company...
February 2017
Costs – gross sum assessment – reasons for assessment – although no general duty to give reasons for costs orders, court could in appropriate case explain assessment by giving breakdown – did not...
February 2017
Common assault – whether Magistrate erred in approach to prosecution evidence, including photograph of alleged assault – whether erred in approach to defence evidence D was convicted of common...
February 2017
Injunctions – interlocutory injunction – infringement of biotechnology-related patent – whether plaintiff would suffer serious and irreparable damage if injunction not granted – inordinate delay...
February 2017
Trial – directions to jury – misdirections as to drawing of inferences and approach to prosecution witnesses – prejudicial effect capable of being redressed – stay of prosecution rightly refused –...
January 2017
Compulsory winding-up – disposition of property after winding-up commenced – validation order – solvent company – petition based on unfair prejudice – validation order agreed between company and...
January 2017
Co-ownership – partition – application for order for sale of land under s. 6 – “very great hardship” shown X was adjudicated bankrupt. Together with her father, Y, they held property as joint...
January 2017
Liquidation – foreign company – order could be made for oral examination of officer of foreign company or other persons of information which foreign liquidator required C, a Cayman Islands company...
January 2017
Proceedings by bankrupt – claim by bankrupt to right to occupy property base on constructive trust – whether right personal or whether vested in trustees under s. 58(1) X, the deceased, bequeathed...
January 2017
Evidence of uncharged acts – should not be admitted unless jury would have incomplete or incomprehensible account of events without such evidence – if nevertheless admitted, jury should be directed...
January 2017
Appeals – findings of fact – trial judge misdirected himself as to effect of certain evidence to support his conclusion – Court of Appeal justified in interfering with judge’s findings of primary...
January 2017
Dangerous drugs – trafficking – 933 grams of cocaine – international element – account taken of defendant’s participation in controlled delivery operation – failure to indicate by how much starting...
December 2016
Writ – service – leave to serve writ out of jurisdiction – setting aside – whether contract between plaintiff and second defendant within O. 11 r. 1(1)(d)(iii) and (iv) – whether Recorder’s approach...
December 2016
Expert evidence – disqualification proceedings against company directors under s. 214(2)(d) – leave to file and serve expert evidence on PRC law – proceedings subject to Practice Direction 5.2 –...
December 2016
Compulsory winding-up – petition – application to amend petition by substituting original debt for post-petition debt – jurisdiction to do so – test less stringent than that for plaintiff seeking...
December 2016
Extension of time for appeals – applications for leave to appeal against trial court’s refusal of extension of time to appeal from its decision and renewal application before Court of Appeal for...
December 2016
Termination – notice period – exclusivity agreement for negotiations with liquidators to restructure company – whether notice by liquidators terminating agreement satisfied time requirement – whether...
December 2016