Profession

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
Background Stoffel & Co v Grondona [2020] UKSC 42 is the first authoritative application of the common law principles underpinning an illegality defence in a professional negligence setting,...
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...
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
"Solicitor-client privilege exists between a foreign lawyer and his client to the same extent as the privilege exists between a solicitor and his client." (Legal Practitioners Ordinance (Cap. 159), s...
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...
September 2020
“I am a doctor, not a...” – famous catchphrase and snowclone used by Dr McCoy in Star Trek “I am a lawyer, not a programmer/technician/engineer...” – Various Lawyers vs. Tech in Hong Kong...
August 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...
July 2020
In Jet2.com Ltd v Civil Aviation Authority [2020] EWCA Civ 35, the English Court of Appeal held that a "dominant purpose" test applies to the underlying rationale for legal advice privilege (as it...
May 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...
February 2020
Overall, in the common law and civil law worlds, 2019 was a pretty good year for legal professional privilege. England & Wales The Court of Appeal once again appeared to try to atone for...
January 2020
The outcome of the English Court of Appeal’s judgment in Curless v Shell International Ltd [2019] EWCA Civ 1710 is to overturn an Employment Appeal Tribunal’s decision that decided that a...
December 2019
In Re Simpson QC [2019] HKCFI 2689, the High Court rejected a proposal that an English QC be admitted ad hoc on the basis that he would be instructed to appear together with two...
December 2019
The acronym “PSD” appears to have several different meanings depending on the context in which it is used. For example, Patient Specific Direction (medicine/nursing), Post-Stress Disorder (health...
November 2019
Given the widespread use of “without prejudice” communications by legal practitioners and their clients, the English High Court’s judgment in Sternberg Reed Solicitors v Harrison [2019]...
October 2019
In the last year or so, a series of first instance English judgments have considered the application of legal advice privilege to communications to or from “in-house” lawyers within a corporate...
September 2019
The Law Society’s confirmation of the outcome regarding the consultation on proposed amendments to the regime for foreign lawyers in Hong Kong was as welcome (in many quarters) as it was timely. In...
August 2019