Civil Litigation in Hong Kong, Seventh Edition is an unparalleled practical guide to civil procedure in Hong Kong. Its commentary, checklists and sample documents are a valuable source of knowledge for law students, trainee solicitors and practitioners who conduct civil litigation.

This manual will help guide readers through the entire litigation process from the initial instructions from the client through to trial, appeals and the enforcement of judgments. First published in 1993, the seventh edition continues to give practical assistance on how to deal with a matter that is or is likely to become litigious. The content has been brought completely up-to-date on the latest changes to dispute resolution. Its checklists, diagrams, and sample documents are a valuable source of knowledge to any student who aims to learn more about civil litigation.

Conflicts of Interest is an essential work that provides a comprehensive examination of the law relating to conflicts of interest. This authoritative resource offers guidance on the core principles of conflict law, its obligations and duties, offering practitioners and researchers a thorough understanding of this crucial area. It helps the user avoid potential conflicts of interest and provides practical advice and remedies for those that arise. The work covers:

• The law relating to conflicts of interest in all its dimensions, from client conflict and personal conflict to commercial and judicial conflict
• The double employment rule
• Managing conflicts by contract
• Perception of impropriety as a test for conflicts
• Obligations to disclose and information barriers
• The practicalities of litigating conflicts
• The duty to the other side
• Obligation to blow the whistle on a client
• Judicial conflicts, including bias and apparent bias
• The current legal position in various professional sectors: lawyers, accountants, the City, directors, estate agents and insurance brokers.

The seventh edition has been fully updated, including a wholesale revision of the Arbitration chapter to reflect the decisions in Aiteo and in Halliburton v Chubb. It also covers a number of key recent cases, including:

• The recent Supreme Court decision on motor finance, Hopcraft v Close Brothers, which clarifies when fiduciary obligations arise, particularly significant for brokers and intermediaries dealing with "secret" commissions and conflicts of interest
• Recovery Partners v Rukhadze, an important authority on equitable remedies in conflict situations
• The Court of Appeal decision in A firm v Secretariat, which appears to extend conflict of interest rules beyond individual companies to other group companies within corporate groups
• Ashraf v Lester Dominic Solicitors, which re-evaluates principles regarding professional duties to the other side
• UK Trucks Claim Ltd v Stellantis, which addresses conflicts between class members in group litigation
• Staechelin v ACLBDD Holdings Ltd, which discusses the question of whether conflicted professionals can be deprived of their fees

This book is an essential reference source for all lawyers who deal with one of the most important remedies in civil and family litigation – the injunction. Injunctions by David Bean, Isabel Parry and Andrew Burns provides you with an indispensable reference tool. This highly practical work covers every type of injunction, going through their scope and limitations, and the procedures involved in obtaining them. The new 14th edition has been completely updated to incorporate all the key developments in this area of law since the last edition was published three years ago. Features of the new edition include: Injunctions against “persons unknown”: Canada Goose and subsequent decisions Injunctions to restrain publication of reports by public bodies Worldwide freezing orders: Lakatamia Shipping v Morimoto Imaging orders: TBD (Owen Holland) Ltd v Simons New CPR 81 on committal for contempt

Jackson & Powell is the definitive text on Professional Liability. It provides comprehensive coverage of the law of professional liability. It is an essential reference point for every practitioner as it aids them in establishing whether a duty of care exists and whether it has been breached, providing quick access with confidence as to whether a cause of action exists while explaining the remedies available. Key features Examines the nature of professional liability Deals with subjects of general application and delves into specific professions Discusses the difference between tortuous liability and contractual liability Considers the duties and obligations of a professional including positive duties and restrictions Considers the standard of skill and care including the relevance of the defendant’s qualifications and experience Discusses changes in the standard required by professional Explains the nature of a fiduciary duty including unauthorised profits and undue influence Discusses the origins of the duty of confidentiality including the continuing duty to former clients Differentiates between limitation in contract, tort and equity

Admiralty Claims, presents a comprehensive single-volume treatment of admiralty claims aimed particularly at practitioners. Covers the rules and principles peculiar to admiralty claims and explains their relationship with related areas of substantive and adjectival law. Investigates the theoretical underpinnings of the subject, in order to enhance understanding and to indicate novel lines of enquiry. Contains a treatment in terms of detail and theoretical and practical methodology which is clearly superior to currently available treatments. Offers an in-depth treatment of the whole of Admiralty Claims and jurisdiction. Combines both a principled and a practical approach. Highlights and explains the distinction between admiralty and ordinary claims rules. Incorporates discussion of international conventions, European Union law and the expected effects of Brexit. Has been written by two of the leading UK academics in maritime law The second edition includes the following updates: The chapter on the jurisdiction of the English courts has been greatly shortened and simplified, including coverage of anti-suit relief, now that the UK will not be ratifying the Lugano Convention and has given effect to the Hague Convention on Choice of Court Agreements 2005. Other Brexit-related developments have included streamlining the chapter on insolvency in the light of the falling away of the EU Insolvency Regulation and the resulting universal application of the Model Law on transborder insolvency. Changes to the CPR to reintroduce a limited right to start at least some proceedings within the admiralty jurisdiction in the County Court Case law has been comprehensively updated, including on: Limitation of liability, notably in The MSC Flaminia [2023] EWCA Civ 1007 and The Stema Barge II [2021] EWCA Civ 1880 on entitlement to limit; time-bars, with the confirmation in The Giant Ace (No. 2) [2023] EWCA Civ 569 of the width of Art III r 6 of the Hague-Visby Rules; and anti-suit relief, with confirmation by the Court of Appeal and the Supreme Court in Unicredit Bank GmbH v Ruschemalliance LLC (2024) that it is available to protect an obligation to arbitrate in a non-English seat

Limitation Periods by Professor Andrew McGee is a well-established and definitive text now in its ninth edition. Professor McGee steers practitioners through the complexities of the law of limitations, giving detailed guidance in all areas of law from preliminary issues to proceedings. The book is designed to help bring an action in good time and remedy delays which may lead to striking out. The book covers European and international limitation issues. The First Supplement to the 9th Edition brings this well-established and definitive text fully up-to-date, including significant case law such as: Kekwick v Kekwick (Meaning of 'action' and 'proceeding' and the differences between them); Boxxe Ltd v Secretary of State for Justice, Walton v Pickerings Solicitors (the calculation of time and the differences between issue and service); Lees v Kaye (what counts as 'personal injury'); Jalla v Shell, Honda Pension Trustees v Mercer Ltd (continuing torts); James v Scudamore (Laches).

Disclosure provides an authoritative and detailed analysis of the law relating to disclosure, i.e., the process whereby the parties to a legal action disclose to each other all documents in their possession, custody or power relating to matters in question in the action. Key Features: Provides an authoritative and detailed analysis of the law relating to the process whereby parties to an action disclose to each other all documents relating to the action Covers both documentary and non-documentary disclosure Considers the timing when disclosure should be made Examines the granting of Norwich Pharmacal relief and other forms of pre-action disclosure Discusses who must give disclosure, including special cases, non-parties and parties joined to an action for the purposes of disclosure Considers the issue of privilege and the waiver of it Examines the consequences of a failure to comply with the requirement to disclose Looks at collateral use of documents, information requests, and expert reports Covers disclosure in a wide range of Courts and Tribunals, and the continuing effects of the Human Rights Act 1998 Remains a key text internationally with material relevant to the Commonwealth, Ireland and the Channel Islands New material in the Sixth Edition: The Sixth Edition brings the work up to date. In particular, it covers the important transition from the Disclosure Pilot Scheme to the new Practice Direction for Business and Property cases. It also includes the following cases, to name but a few: Cases on redaction, such as TVZ v Manchester City FC Ltd [2021] EWHC 1179 (QB) Cases about electronic disclosure, such as Sportsradar AG v Football Dataco Ltd [2022] CAT 37 Cases dealing with inspection of documents, like Michael Wilson & Partners Ltd v Emmott [2022] EWHC 730 (Comm) Cases on experts, such as Pickett v Balkind [2022] 4 WLR 88 Important privilege cases, such as Director of the Serious Fraud Office v Eurasian Natural Resources Ltd [2018] EWCA Civ 2006, WH Holding Ltd v E20 Stadium LLP [2018] EWCA Civ 2652, and R (Jet2.com Ltd) v Civil Aviation Authority [2020] EWCA Civ 35 Information request cases, including Al-Saud v Gibbs [2022] 1 WLR 3082, Vardy v Rooney [2022] EWHC 1209 (QB) and Fairclough v Tasi Ltd [2022] EWHC 2714 (Ch) Cases on failure to comply, like Ocado Group Plc v McKeeve [2021] EWCA Civ 145 and Olympic Council of Asia v Novans Jets LLP [2023] EWHC 276 (Comm) Cases on access to the court file, such as Cape Intermediate Holdings Ltd v Dring [2020] AC 629

"The Handbook is a comprehensive and in-depth analysis of UNCITRAL arbitration. As with the prior editions, this fourth edition of the Handbook of UNCITRAL Arbitration will provide an invaluable contribution to UNCITRAL arbitration." Anna Joubin-Bret Secretary, UNCITRAL Director, International Trade Law Division United Nations The Handbook of UNCITRAL Arbitration presents a practical, rule by rule guide to the UNCITRAL Arbitration Rules, offering in-depth commentary, analysis and support materials as used in both commercial and investment arbitration. It reviews each stage of the UNCITRAL arbitration process, from the arbitration clause, through the arbitral proceedings, to the award. This highly anticipated fourth edition deals with the Rules as modified with the addition of the UNCITRAL Expedited Arbitration Rules that came into effect in September 2021. International arbitration is evolving rapidly, and the Handbook provides an up-to-date analysis of key aspects of arbitration law applicable to UNCITRAL arbitration wherever conducted. It deals with issues such as: The procedural issues for which a majority is required under art.33(1) of the Rules and those which the presiding arbitrator is entitled to decide on his or her own in the absence of a majority under art.33(2) of the Rules. The obligations of collegiality within the Tribunal with respect to procedural decisions and awards. The conduct of virtual procedural and substantive hearings, including case management conferences. The due process issues relating to admission – or exclusion – of evidence and amendments to claims. The role of the Appointing Authorities and in particular the role of the LCIA, ICC, SIAC and the Permanent Court of Arbitration. The law applicable to the arbitration agreement. With a discussion of the varying and conflicting approaches reflected in Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb & Ors [2020] UKSC 38 and Kabab-Ji SAL v Kout Food Group UK Supreme Court ([2021] UKSC 48 in the UK and Kabab-Ji in France (French Supreme Court Civ. 1iere of 28 September 2022) The issue of joinder of non-signatories to an arbitration with particular reference to Dallah and Kabab-Ji (in the UK and France) Whether the courts adopt a deferential or non-deferential approach to reviewing jurisdiction with reference in particular to the decisions in the UK and the USA. Whether and how to challenge and arbitrator and the most recent challenge decisions, with an updated table of over 100 of such decisions. The updated IBA Rules on the Taking of Evidence in International Arbitration as amended in 2020. The US Supreme Court decision in ZF Automotive US, Inc. v. Luxshare, Ltd., 142 S.Ct. 2078 (2022) limiting the application of 28 USC §1782(a) regarding discovery in the United States in support of international arbitration. The most recent approaches to interim measures, including security for costs. The Handbook of UNCITRAL Arbitration is based on the author’s everyday practical experience in hundreds of arbitrations. It deals with the latest trends in international arbitration relating to issues such as the conduct of disclosure, the role of experts, the conduct of virtual hearings and other attempts to render international arbitration more expeditious and cost-effective.

Commercial Injunctions is regarded as the essential textbook on injunctions. It is cited in argument and judgments throughout the common law jurisdictions, including at the highest levels. The 1st Supplement brings the text fully up to date in the light of extensive new case law and legislative developments, including the UK not acceding to the Lugano Agreement. Commercial Injunctions provides: Unparalleled in-depth coverage of all aspects of injunctions Highly practical advice on how and when to obtain injunctions, how to defend against such orders and the options available Key insight into the continuing evolution of the Mareva jurisdiction preserving assets A coherent and reasoned statement of the principles applicable to injunctions generally and to injunctions for particular purposes. A one-stop source of answers to key questions

Asbestos: Law & Litigation is the first comprehensive guide to claims for asbestos-related injury in the UK. It has been written by experienced practitioners involved in many of the leading cases on the subject. The scope of the book is wide-ranging; from the development of knowledge, to the law of damages, with all of the legal and practical issues in between. Key features include: Cutting-edge analysis of the medical aspects of asbestos-related conditions by leading experts Dr John Moore-Gillon and Dr Robin Rudd A history of asbestos and its uses In-depth analysis of the common law and statutory routes to liability in asbestos disease claims of all kinds An explanation of the complex insurance and reinsurance issues that arise in the context of cover for asbestos-related illness Guidance on the damages recoverable in civil actions and on the technicalities of applications for payments under the DMPS and other statutory schemes Practical advice on the specific procedural issues that arise in asbestos disease claims and inquests Key case law discussed: Steve Hill Ltd v Witham, Head v Culver Heating Co Ltd and Rix v Paramount Shopfitting Company Ltd: a recent trilogy of Court of Appeal judgments which clarified the proper approach to the assessment of losses in asbestos disease claims Bussey v Anglia Heating Ltd: a key Court of Appeal decision concerning the correct approach to foreseeable risks in tort law and the impact and relevance of important technical guidance documents in asbestos claims. HMG3 LTD v Dunn: bespoke High Court guidance on the court’s approach to the exercise of its discretion to disapply the primary limitation period in cases involving claims for fatal asbestos disease. Heneghan v Manchester Dry Docks Ltd: a significant Court of Appeal decision importing the Fairchild rule into asbestos lung cancer claims and also applying the “doubles the risk” test to causation based on epidemiological evidence. Chandler v Cape Plc: a groundbreaking decision (recently re-affirmed by the Supreme Court) and the first case in which the Court of Appeal confirmed that a parent company could owe a direct duty of care to an employee who had been exposed to asbestos by one of its subsidiaries. McDonald v National Grid Electricity: a landmark decision from the Supreme Court concerning the scope of the Asbestos Industry Regulations 1931. DP v Topmark Claims Management Ltd: the first reported decision concerning the Diffuse Mesothelioma Payment Scheme 2014, which answers a number of questions concerning its requirements. Key Legislation Includes: Third Parties (Rights against Insurers) Act 1930 and 2010 Asbestos Industry Regulations 1931 Factories Act 1937 and 1961 Asbestos Regulations 1969 Limitation Act 1980 Control of Asbestos at Work Regulations 1987 and 2002 Control of Asbestos Regulations 2006 and 2012

Bullen & Leake & Jacob’s Precedents of Pleadings is widely regarded as the essential guide to drafting statements of case. It offers the advocate a stock of authoritative, structured precedents of statements of case complete with guiding commentary across both mainstream and specialist areas of practice. The 19th edition, fully updated by the 1st Supplement, reflects all current issues under the CPR and the legislative and judicial developments in the individual practice areas. Presents a wide range of contemporary templates for drafting which can be easily modified for specific cases Covers all classes of litigation from common areas such as employment law to the more unusual such as sports law (109 chapters) Contains example claims and defences Provides specific practical guidance on each precedent Written by an expert team of over 60 barristers

Bullen & Leake & Jacob’s Precedents of Pleadings is widely regarded as the essential guide to drafting statements of case. It offers the advocate a stock of authoritative, structured precedents of statements of case complete with guiding commentary across both mainstream and specialist areas of practice. The 19th edition, fully updated by the 1st Supplement, reflects all current issues under the CPR and the legislative and judicial developments in the individual practice areas. Presents a wide range of contemporary templates for drafting which can be easily modified for specific cases Covers all classes of litigation from common areas such as employment law to the more unusual such as sports law (109 chapters) Contains example claims and defences Provides specific practical guidance on each precedent Written by an expert team of over 60 barristers

Written by James Kessler QC, Thelma Kwan and Philip Munro, this title offers an extensive selection of trust precedents to suit a wide range of requirements, and helps to ensure that practitioners prepare accurate and effective trust documents which precisely meet client requirements and reflect the current law and practice.

This first edition is based on James Kessler’s Drafting Trusts and Will Trusts – A Modern Approach, 11th edition (UK). The intention is for it to be an aid to the Hong Kong drafter, discussing the variety of issues which commonly arise when drafting Hong Kong trust documents.

The title, published in both print and ProView eBook versions, provides a set of precedents written in plain legal English for the different types of trusts and certain ancillary documents governed by Hong Kong law, together with a detailed commentary on the text of those precedents.

Features include:
• Precedents
• Practical guidance on the current law
• Detailed commentary on the recent changes to the Trustee Ordinance (Cap 29) and other trust-related laws
• Legal Analysis
• Information on the various types of trusts including discretionary trusts and charitable trusts

(EXCLUSIVE) List of Forms Found Exclusively on ProView eBook:
• Application for Probate
• Application for Grant with Will annexed
• Renunciation
• Affirmation concerning the Will
• Trust Corporation Documents

 

The second edition of The Hong Kong Arbitration Ordinance: Commentary and Annotations contains relevant Hong Kong arbitration cases and amendments to the Arbitration Ordinance since January 2011 (when the 1st edition was published). References to prominent cases from other Model Law jurisdictions that were decided since January 2011 and which have ruled on, or assist in the interpretation of, Model Law provisions are also included.This book is a one stop shop for all lawyers and other professionals involved in arbitration to refer to on a regular basis. Some of the highlights include:

• Comprehensive coverage of the recently tabled Arbitration (Amendment) Bill 2015
• 25 sections of the Hong Kong Arbitration Ordinance have been amended since January 2011
• Detailed discussion and analysis of every section. There is a special emphasis on how the newprovisions are likely to be applied in practice
• Commentary by 14 Hong Kong-based arbitration specialists with substantial experience inboth international and domestic arbitrations in a wide range of sectors
• Appendices containing important documents including HKIAC Report 1996, CommitteeReport 2003, Consultation Paper 2007, Explanatory Memorandum, to Arbitration(Amendment) Bill 2013 and more