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Reforms ahead for litigation funding in Hong Kong?

Herbert Smith Freehills LLP
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Hong Kong
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March 13 2012

The cost of civil litigation can be high, and in many jurisdictions the law allows arrangements which can lower the costs risks to litigants

Applications to strike out civil proceedings for delay or want of prosecution - the way forward

Herbert Smith Freehills LLP
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Hong Kong, United Kingdom
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January 11 2012

The Court of Final Appeal has, in Liquidator of Wing Fai Construction Company Limited v Yip Kwong Robert and Others (FACV 32011, 8 December 2011), informed practitioners of the approach the courts must now take when faced with applications to strike out civil proceedings for delay or want of prosecution on the part of the plaintiff

Court of Appeal rules partial waiver of privilege recognised in Hong Kong

Herbert Smith Freehills LLP
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Hong Kong
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April 17 2012

In Citic Pacific Limited v Secretary for Justice (unrep, CACV 602011), the Court of Appeal considered the legal principles relating to the nature and extent of legal professional privilege, and held that the concept of partial waiver of privilege is recognised under Hong Kong law

Hong Kong class action reform

Herbert Smith Freehills LLP
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Hong Kong
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June 21 2012

In a class action, a representative plaintiff sues on behalf of a "class" of persons who have a claim in respect of the same alleged wrong or whose claims raise the same questions of law or fact

Crown Immunity subsists as part of the common law in Hong Kong and government agencies of the People's Republic of China (PRC) sued in Hong Kong for commercial acts can claim immunity from suit

Herbert Smith Freehills LLP
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Hong Kong
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May 17 2010

In a novel judgment, Intraline Resources SDN BHD v The Owners of the Ship or Vessel "Hua Tian Long" HCAJ 592008, the Hong Kong Court of First Instance (CFI) has decided that the English common law doctrine of Crown Immunity still subsists in Hong Kong after the handover of sovereignty in 1997

Court imposes custodial sentences for false statements of truth

Herbert Smith Freehills LLP
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Hong Kong
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October 12 2011

In the recent case of Kinform Ltd v Tsui Loi (DCMP 9472011), the Hong Kong District Court found two defendants guilty of contempt of court for verifying, or causing to be verified, a false statement by a statement of truth, and handed down immediate custodial sentences of five and six months respectively

Regulator triumphs as issuer is delisted

Herbert Smith Freehills LLP
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Hong Kong
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January 15 2010

The shares in Sanyuan Group Limited have recently been delisted from the Hong Kong Stock Exchange after a suspension of over five years and seven months

UK Supreme Court removes immunity for expert witnesses in litigation. Will Hong Kong follow suit?

Herbert Smith Freehills LLP
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Hong Kong, United Kingdom
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April 28 2011

The UK Supreme Court (the successor to the House of Lords) has, in Jones v Kaney 2011 UKSC 13 (Jones), abolished the long-standing immunity experts have enjoyed in respect of liability for negligence arising from giving or assisting with evidence in litigation

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Firm Name - Herbert Smith Freehills LLP
Jurisdiction - Hong Kong
Author - Mark Johnson
Author - Gareth Thomas
Workarea - Litigation

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