RPC | Hong Kong | 14 Sep 2021
A couple of recent High Court decisions demonstrate some of the issues that arise when a party applies for one or more of their witnesses to give evidence at trial by videoconferencing facilities, or seeks an adjournment of a trial, because a witness is overseas and experiencing difficulties in returning to Hong Kong in time for a trial date given the covid-19 pandemic.
RPC | Hong Kong | 7 Sep 2021
August 2021 has seen two important developments relating to dispute resolution and court practice in Hong Kong: the abolition of the "fraud exception" to summary judgment, which removes the jurisdictional obstacle to applying for summary judgment where fraud is alleged against the defendant, and the passing of the Legal Practitioners (Amendment) Bill 2021, which allows senior legal officer......
RPC | Hong Kong | 24 Aug 2021
Re Buildtech Enterprise International Ltd & Ors is a recent reminder that when a plaintiff provides an incorrect address in their originating court document (in order to commence proceedings), it does not necessarily follow that a court will make an order for security for costs against them. A failure to provide an address or a correct address is one of several grounds pursuant to which a......
RPC | United Kingdom | 17 Aug 2021
The most important practical implications of a recent Court of Appeal case arose from the guidance given to practitioners regarding drafting the grounds of appeal. The Court of Appeal noted that far too often it is presented with grounds that are "over-lengthy and ill-focused", where the distinct roles of the grounds and skeleton argument are not observed. This was a highly unusual case in......
RPC | United Kingdom | 10 Aug 2021
The High Court has re-affirmed that the risk of irreconcilable decisions from parallel proceedings in other jurisdictions is not a "trump card" when determining the proper forum for a dispute. This is another helpful decision on the court's approach to forum conveniens, which has taken on significantly more importance generally post-Brexit.
RPC | Hong Kong | 10 Aug 2021
A recent judgment is another reminder of the fraud exception to summary judgment in Hong Kong. The exception acts as a jurisdictional hurdle to the grant of summary judgment in a writ action where a plaintiff's claim is based on an allegation of fraud. The ambit of the fraud exception has been the subject of much criticism, especially given the prevalence of email and other similar frauds as......
RPC | United Kingdom | 3 Aug 2021
The court will intervene to correct a drafting mistake only if the contractual provisions are "nonsensical or absurd". The Court of Appeal recently considered this issue in a dispute between a landlord and a tenant. Contracting parties should ensure that the language of their agreements accurately reflects the intended terms.
RPC | United Kingdom | 27 Jul 2021
In a recent case between global defence conglomerate General Dynamics and the state of Libya, it was held that an English court cannot simply dispense with service of a claim form in proceedings against a state, however difficult service may seem. This case serves as a reminder to all claimants that strict compliance with the rules is key.
RPC | Hong Kong | 27 Jul 2021
In a recent case, a judge of the High Court allowed the plaintiff's application for a new trial (a trial de novo or retrial) of a trial that had been adjourned part-heard in July 2008, just before the court's summer vacation that year. This represents a quite remarkable outcome. Assuming that the case does not settle, a new trial is unlikely to be heard for a couple of years and, when it is......
RPC | United Kingdom | 13 Jul 2021
The High Court recently issued a stark reminder that breaches of the rules on expert evidence will not be tolerated. The court excluded expert evidence during trial as a result of serious and unexplained breaches of the terms of a court order and the basic principles of Civil Procedure Rule 35. The decision also serves as a valuable reminder of the important role that parties' solicitors......