Use of predictive coding for e-disclosure endorsed by English High Court

A decision of the English High Court handed down on 16 February 2016 has expressly approved the use of predictive coding (also known as technology assisted review) for a large disclosure exercise: Pyrrho Investments Limited & Anr v MWB Property Limited and Others [2016] EWHC 256 (Ch). Based on the US's experience, this case will likely … Read more

When will the Hong Kong Court grant pre-action discovery?

In Zhang Shouen and another v Standard Chartered Bank (Hong Kong) Ltd HCMP 682/2015, the Court considered whether to grant the applicants' request for pre-action discovery pursuant to section 41 of the High Court Ordinance ("HCO"). This case provides a useful recap on the principles relating to pre-action discovery in Hong Kong and draws an … Read more

Hong Kong Court of First Instance discusses the new Practice Direction on E-Discovery in relation to a specific discovery application

The recent decision in Chinacast Education Corporation and others v Chan Tze Ngon and others is one of particular relevance as it is the first time the Hong Kong Court has referred to the new Practice Direction PDSL 1.2 on e-discovery. More importantly, the Court applied the general principles contained in the new Practice Direction, … Read more

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

In Citic Pacific Limited v Secretary for Justice  (unrep, CACV 60/2011), 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. In the regulatory context, this important decision is a reminder … Read more