Tort

“The time has come, the Chancellor said To talk of many things Of discount rates and damages And the cost of buying things.” (Apologies to Lewis Carroll) On 27 February 2017, UK Lord...
June 2017
Defamation – damages – general damages – libel action by plaintiff who was not named in article in question – trial judge plainly wrong in assessing number of people who would have read defamatory...
March 2017
Economic torts – conspiracy to injure – instructions received and conveyed by solicitor from client not sufficient to establish conspiracy – in order to found good cause of action, solicitor must...
October 2016
In May this year, the UK Supreme Court handed down a landmark ruling on the protection of privacy under English law. The Supreme Court ruled that individuals may obtain injunctions against...
September 2016
Negligence – duty of care – alleged failures by police and Legal Aid Department to carry out statutory duties – did not give rise to duty of care at common law  In divorce proceedings between...
May 2016
Negligence – duty of care – whether owed duty of care to injured employee to properly control traffic in terminal P, a labourer employed by D2, was injured while unloading goods from a container...
September 2015
Fatal accidents – damages for bereavement – rate of interest awarded at full judgment rate instead of 2 percent per annum In a fatal accident action, at issue was whether the courts should...
June 2015
Nicholas Millar, Solicitor Montgomery v Lanarkshire Health Board [2015] UKSC 11 is a landmark decision, in which the UK Supreme Court has found in favour of informed consent on the part of a patient...
June 2015
Tort – trespass to person – whether body/strip searches conducted on detainee at police station constituted trespass to person P was from Pakistan and had entered Hong Kong illegally on 4 October...
April 2015
Lugwig Ng, Senior Partner, ONC Lawyers In Dr. Yeung Sau Shing Albert v Google Inc. [2014] 5 HKC 375, the Court of First Instance found that there is a good arguable case that Google is a...
February 2015
Tort – defamation – libel – whether Internet search engine is a “publisher” in respect of Autocomplete and related search suggestions generated by automated process In a defamation action, the...
January 2015
Tort – negligence – causation and remoteness – plaintiff-singer cancelled concerts allegedly due to personal injuries – claim for wasted pre-cancellation expenditure – whether causation established...
December 2014
Falling from wooden ladder while fixing ceiling light — failure by employer to properly supervise — loss of earning capacity In 2004, the plaintiff, a 61-year-old plumber/electrician, (“P”) and...
December 2013
Nuisance — water seepage —sensitive hearing not typically taken into account The plaintiff (“P”) owned a third floor flat (“Flat 3A”) in which she had lived with her family since 1996. In March...
November 2013
Many people are under the belief that personal data collected from public domain - not directly from the data subjects - is open to unrestricted use. This is not correct, as the author tells us....
October 2013
It is difficult to find a definition of "profit earning chattel" in the context of the measure of damages. The recent case of Pun Chun Sauce & Preserved Fruit Factory Ltd v Dix Construction...
September 2013
Libel — newspaper article —offending parts alone might be defamatory, but ordinary reader would not deem it as such when text is viewed as a whole The plaintiff’s (“P”) telecommunications company...
September 2013
The rise of social media has brought with it not only greater expectations of freedom of speech, but also implications relating to the law of defamation. The recent decision in the Court of Final...
September 2013
Governments sought information on over 38,000 Facebook users in the first half of 2013 and the No 1 social network complied with most requests, the firm said in its first report on the scale of data...
September 2013
Hong Kong businessman is suing a Chinese state-owned oil company in a California court, arguing company officials conspired with authorities to have him detained for five years on false charges, in...
August 2013