Tort Law and Practice in Hong Kong, 4th edition has been thoroughly revised to take account of the many recent developments in this ever-dynamic area of law. Chapters on negligence, defences, defamation, vicarious liability, causation, trespass to person and economic torts have been largely rewritten. There are also new sections on diseases, sports liability, road users, public authority liability, child abuse, omissions, and online defamation.  

New decisions considered include:

• Robinson v Chief Constable of West Yorkshire Police [2018] UKSC 4 (negligence – duty of care);
• Monat Investment Ltd v All persons in occupation etc [2023] HKCA 479 (illegality defence);
• Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB [2023] UKSC 15 (vicarious liability); 
• CCIG Investments Pty Ltd v Schokman [2023] HCA 21 (vicarious liability);
• Fearn v Board of Trustees of the Tate Gallery [2023] UKSC 4 (nuisance);
• Jonathan Lu v Paul Chan Mo Po [2018] HKCFA 11 (defamation – qualified privilege);
• Chang Wa Shan v Esther Chan Pui Kwan [2018] HKCFA 29 (malicious falsehood);
• Secretary for Justice v Persons Unlawfully and Wilfully Conducting etc [2019] HKCFI 2773 (harassment – doxxing);
• Eton Properties Ltd v 廈門新景地集團有限公司 [2020] HKCFA 32 (tort of inducing a breach of contract);
• Paul v Royal Wolverhampton NHS Trust [2024] 2 WLR 417 (psychiatric injury);
• Swarnjit Kaur v Lo's Cleaning Services Ltd [2023] 3 HKLRD 629 (safe system of work)

Clerk & Lindsell on Torts, one of our flagship titles and part of the Common Law Library series, is an essential reference tool which is widely referred to by practitioners and cited by the judiciary. It offers the most comprehensive coverage of the subject, providing the end user with indispensable access to current, frequent and unrivalled authoritative information on all aspects of tort law. Key Features: Provides unrivalled breadth and depth of coverage on all areas of tort law Sets out the general principles of liability and causation Explains in detail general defences, such as claimant’s wrongdoing, consent and assumption of risk, exclusion of liability and miscellaneous defences Covers all areas of tort, from joint liability and vicarious liability to capacity and parties, from negligence to breach of statutory duty and professional liability, and from product liability and occupiers’ liability to employers’ liability and public service liability Deals with other important areas from malicious prosecution to wrongful interference with goods, from deceit to trespass to land, from liability for animals to nuisance and Rylands v Fletcher, and from malicious falsehood to the economic torts Discusses statutory IP rights and passing of Includes fully updated and detailed chapters on defamation, breach of confidence and misuse of private information Deals extensively with damages and other remedies including injunctions Covers limitation periods in detail Considers all heads of liability with regard to the relevant human rights issues Takes full account of the effects of Brexit The First Supplement to the Twenty-Fourth Edition brings the Main Work fully up to date with the latest developments (including, where appropriate, the fallout from the completion of the Brexit process). These include, among others: In the Supreme Court: Armstead v Royal & Sun Alliance Insurance Co Ltd Paul v Royal Wolverhampton NHS Trust McCulloch v Forth Valley Health Board Jalla v Shell International Trading & Shipping Co HXA v Surrey CC Wolverhampton City Council v London Gypsies and Travellers In other courts: Holmes v Poeton Holdings Ltd Bratt v Jones Keskinäinen Vakuutusyhtiö Fennia v Koninklijke Philips NV (C-264/21) Benyatov v Credit Suisse Securities (Europe) Ltd FXJ v Home Secretary Other material: The new s.A7 of the Higher Education and Research Act 2017 on breach of statutory duty

Tort Law in Hong Kong aims to not only provide a study text for intending lawyers, but also to be the most up-to-date and comprehensive resource available for practitioners, academics and judges in the tort law topics under consideration.

New developments in the 5th edition include:

• Greatly revised Chapter 5 on “Duty of Care” due to recent major UK cases, such as Michael v Chief Constable of South Wales Police (duty for omissions) through to Robinson v Chief Constable of West Yorkshire Police and Darnley v Croydon Health Services NHS Trust (duty of care in established categories).
• Development in vicarious liability law, particularly as a supplementary remedy for plaintiffs injured at work
• Enhanced discussion on tort of harassment in Hong Kong
• UK Supreme Court in the 2023 decision in Fearn v Board of Trustees of Tate Gallery to protection from persistent overlooking by neighbours, a decision that is bound to have impact in Hong Kong where people live very close to one another
   

 

Giliker's Tort law textbook presents an accessible and current picture of the law of torts and is ideal for those approaching the subject for the first time. The text succinctly covers all the major concepts in the law of torts and clearly illustrates how they work in practice by reference to the major cases in this field and the main statutory provisions.