Evidence
Arrangement on mutual taking of evidence between Hong Kong and Mainland
The Arrangement on Mutual Taking of Evidence in Civil and Commercial Matters between the Courts of the Mainland and Hong Kong (Arrangement) recently came into force on 1 March 2017, announced by the Department of Justice. The Arrangement is introduced … Continue reading
Filed under Announcements, China, Evidence, Hong Kong
Hong Kong Court considers the scope of expert evidence
In the first instance decision of Fo Shan Shi Shun De Qu Consonancy Investment Co Ltd v Yat Kit Jong [2017] HKEC 557, the Court took a dim view of a party's conduct in respect of expert directions. It held … Continue reading
Herbert Smith Freehills launches latest Guide to “Dispute Resolution in Asia Pacific”
Please click here to preview this publication. As a result of a rise in global economic activities around the region, Asia is experiencing the inevitable increase in commercial and investment disputes, both litigation and arbitration, with a multi-jurisdictional dimension. Our … Continue reading
Filed under ADR, Announcements, Arbitration, China, Class actions, Disclosure, Enforcement, Evidence, Hong Kong, Interim applications, Japan, Jurisdiction, Korea, South East Asia
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 … Continue reading
Filed under Disclosure, Evidence, Hong Kong
Legal advice privilege only covers advice from lawyers, says the Hong Kong Court of Appeal
In the recent case of Super Worth International Ltd & Ors v Commissioner of the ICAC & another (CACV 168/2015), the Hong Kong Court of Appeal (the "Court") adopted the UK Supreme Court's reasoning in R (on the application of … Continue reading
Legal advice privilege – taking a closer look at the Hong Kong Court of Appeal judgment in adopting a wider test
The judgment recently delivered by the Hong Kong Court of Appeal (CA) in Citic Pacific Limited v Secretary for Justice and Commissioner of Police (unrep, 29/06/2015, CACV 7/2012) sets a new precedent in Hong Kong for legal advice privilege. In … Continue reading
Hong Kong Court allows Plaintiff to adduce evidence from its own expert following a single joint expert’s report and oral evidence
In the first instance decision of Daimler AG (formerly known as Mercedes-Benz AG) v. Helge Herbert Leiduck and another HCA4089/1994, the Court allowed the Plaintiff to adduce evidence from its medical expert who had expressed an opinion contrary to that … Continue reading
Attestation of documents executed overseas for use in Hong Kong
The Office of the Commissioner of the Ministry of Foreign Affairs of the People’s Republic of China in the HKSAR (“OCMFA”) recently relaxed its policy on the attestation of documents executed overseas for use in Hong Kong. Whilst the new … Continue reading
Filed under Evidence, Hong Kong, Private wealth and trusts
Hong Kong High Court considers the scope of exception to a provisional liquidators’ implied duty of non-disclosure
The High Court in Hong Kong recently examined the circumstances in which a liquidator was able to depart from their implied duty not to disclose documents obtained from third parties under statute or in the furtherance of their legal duty.
Filed under Disclosure, Evidence, Hong Kong, Insolvency, Interim applications