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
   

 

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)

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.

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.

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.

Charlesworth & Percy on Negligence is the principal guide to a complex area of the law, providing unrivalled depth of analysis into the tort of negligence. Key Features: Sets out comprehensively the general principles, covering duty of care and liability issues under the tort of negligence Shows how the principles developed through the application of the common law and explains how the law of negligence has been applied in the UK and Commonwealth jurisdictions Explains the duty to take care, when it exists, between what parties it exists and to assess quickly if a cause for action exists Explains what remedies may be available, including damages and investigates the remoteness of damages as a remedy Explains the burden of proof in negligence cases Demonstrates the defences and discharges from liability Demonstrates the standard of care principle in relation to persons professing some special skill, highways and transport, employee employer relationship Provides an essential reference for every negligence case whether it is to do with personal injury including resulting in death, property, product liability and injury caused by animals and death Differentiates between absolute and strict liability Includes up-to-date statutory duties which means you will know exactly how recent changes apply Shows, through a detailed analysis of case law, how the principles work in specific situations and sets out the implications of new developments to help you take a view on your particular case The Second Supplement to the Fifteenth Edition brings the main work up- to-date with all the recent developments including: In the Supreme Court Paul v Royal Wolverhampton NHS Trust [2024] UKSC 1 Armstead v Royal Sun Alliance Insurance Co Ltd [2024] UKSC 6 HXA v Surrey CC [2023] UKSC 52 Trustees of the Barry Congregation of Jehovah's Witnesses v BXB [2023] UKSC 15 McCulloch & others v Forth Valley Health Board [2023] UKSC 26 In the Court of Appeal Holmes v Poeton Holdings Ltd [2023] EWCA Civ 1377 MXX v A Secondary School [2023] EWCA Civ 996 Juj v John Lewis Partnership [2023] EWCA Civ 1507 Zanatta v Metroline Travel Ltd [2023] EWCA Civ 224 Benyatov v Credit Suisse (Securities) Europe Ltd [2023] EWCA Civ 140 FXJ v Secretary of State for the Home Department [2023] EWCA Civ 1357

Charlesworth & Percy on Negligence is the principal guide to a complex area of the law, providing unrivalled depth of analysis into the tort of negligence. Key Features: Sets out comprehensively the general principles, covering duty of care and liability issues under the tort of negligence Shows how the principles developed through the application of the common law and explains how the law of negligence has been applied in the UK and Commonwealth jurisdictions Explains the duty to take care, when it exists, between what parties it exists and to assess quickly if a cause for action exists Explains what remedies may be available, including damages and investigates the remoteness of damages as a remedy Explains the burden of proof in negligence cases Demonstrates the defences and discharges from liability Demonstrates the standard of care principle in relation to persons professing some special skill, highways and transport, employee employer relationship Provides an essential reference for every negligence case whether it is to do with personal injury including resulting in death, property, product liability and injury caused by animals and death Differentiates between absolute and strict liability Includes up-to-date statutory duties which means you will know exactly how recent changes apply Shows, through a detailed analysis of case law, how the principles work in specific situations and sets out the implications of new developments to help you take a view on your particular case The Second Supplement to the Fifteenth Edition brings the main work up- to-date with all the recent developments including: In the Supreme Court Paul v Royal Wolverhampton NHS Trust [2024] UKSC 1 Armstead v Royal Sun Alliance Insurance Co Ltd [2024] UKSC 6 HXA v Surrey CC [2023] UKSC 52 Trustees of the Barry Congregation of Jehovah's Witnesses v BXB [2023] UKSC 15 McCulloch & others v Forth Valley Health Board [2023] UKSC 26 In the Court of Appeal Holmes v Poeton Holdings Ltd [2023] EWCA Civ 1377 MXX v A Secondary School [2023] EWCA Civ 996 Juj v John Lewis Partnership [2023] EWCA Civ 1507 Zanatta v Metroline Travel Ltd [2023] EWCA Civ 224 Benyatov v Credit Suisse (Securities) Europe Ltd [2023] EWCA Civ 140 FXJ v Secretary of State for the Home Department [2023] EWCA Civ 1357

Charlesworth & Percy on Negligence is the principal guide to a complex area of the law, providing unrivalled depth of analysis into the tort of negligence. Key Features: Sets out comprehensively the general principles, covering duty of care and liability issues under the tort of negligence Shows how the principles developed through the application of the common law and explains how the law of negligence has been applied in the UK and Commonwealth jurisdictions Explains the duty to take care, when it exists, between what parties it exists and to assess quickly if a cause for action exists Explains what remedies may be available, including damages and investigates the remoteness of damages as a remedy Explains the burden of proof in negligence cases Demonstrates the defences and discharges from liability Demonstrates the standard of care principle in relation to persons professing some special skill, highways and transport, employee employer relationship Provides an essential reference for every negligence case whether it is to do with personal injury including resulting in death, property, product liability and injury caused by animals and death Differentiates between absolute and strict liability Includes up-to-date statutory duties which means you will know exactly how recent changes apply Shows, through a detailed analysis of case law, how the principles work in specific situations and sets out the implications of new developments to help you take a view on your particular case The Second Supplement to the Fifteenth Edition brings the main work up- to-date with all the recent developments including: In the Supreme Court Paul v Royal Wolverhampton NHS Trust [2024] UKSC 1 Armstead v Royal Sun Alliance Insurance Co Ltd [2024] UKSC 6 HXA v Surrey CC [2023] UKSC 52 Trustees of the Barry Congregation of Jehovah's Witnesses v BXB [2023] UKSC 15 McCulloch & others v Forth Valley Health Board [2023] UKSC 26 In the Court of Appeal Holmes v Poeton Holdings Ltd [2023] EWCA Civ 1377 MXX v A Secondary School [2023] EWCA Civ 996 Juj v John Lewis Partnership [2023] EWCA Civ 1507 Zanatta v Metroline Travel Ltd [2023] EWCA Civ 224 Benyatov v Credit Suisse (Securities) Europe Ltd [2023] EWCA Civ 140 FXJ v Secretary of State for the Home Department [2023] EWCA Civ 1357

A primary reference tool on the general principles and the particular aspects of common law damages, McGregor on Damages is still the leading authority on damages and has been for 60 years. Provides comprehensive coverage of the law of damages, from detailed consideration of the general principles of damages to specific heads of damages and the operation of damages in many specific areas of law. Clarifies complex areas including loss of a chance, mitigation, causation, and exemplary damages Explains difficult and rapidly developing heads of damages such as licence fee damages, vindicatory damages Includes consideration of the operation of money awards in equity including equitable damages, equitable compensation and disgorgement of a defendant's profits Examines specific issues as periodical payments, breaches of undertakings as to damages, damages, and interest on damages Goes through the statement of case, the trial and appeals Considers damages in relation to particular contracts, torts and human rights such as below: Contracts Sale of Goods, Hire and Hire-purchase of Goods, Sale of Land, Contracts to Pay or to Lend Money, Contracts for Carriage, Contracts of Employment, and Contracts for Professional Services Torts Torts affecting Goods: Damages and Destruction, Misappropriation, Torts Affecting Land, Torts Causing Personal Injury, Torts Causing Death, Assault and False Imprisonment, Malicious Institution of Legal Proceedings, Defamation, Economic Torts, Misrepresentation, Infringement of Privacy, Confidence and Private information, and Misfeasance in Public Office Human Rights Comprehensive examination of damages under the Human Rights Act 1998 including the claims for which these damages are available, the circumstances when they will be available, and their quantum. The 22nd edition contains a number of significant new features: Each and every chapter of the book's chapters has been updated and many have been very substantially revised. An entirely new chapter on Equitable Damages, featuring the operation of damages awarded under s 50 of the Senior Courts Act 1981 (commonly described as Lord Cairns' Act damages) as well as the different types of equitable compensation and how they differ from "equitable debt". Coverage of significant recent case law developments in the law of damages Explanation of the various ranges of damages for false imprisonment, defamation, harassment and misuse of private information. Attention to recent legislative amendments and important decisions in jurisdictions other than England and Wales, particularly Northern Ireland, Scotland, Australia, Canada, and the United States. Discussion and explanation of significant developments in relation to damages for personal injury, professional negligence, breach of privacy and misuse of private information, defamation, consequential loss and indemnity clauses, economic loss, aggravated and exemplary damages, vindicatory damages and many more.

A primary reference tool on the general principles and the particular aspects of common law damages, McGregor on Damages is still the leading authority on damages and has been for 60 years. Provides comprehensive coverage of the law of damages, from detailed consideration of the general principles of damages to specific heads of damages and the operation of damages in many specific areas of law. Clarifies complex areas including loss of a chance, mitigation, causation, and exemplary damages Explains difficult and rapidly developing heads of damages such as licence fee damages, vindicatory damages Includes consideration of the operation of money awards in equity including equitable damages, equitable compensation and disgorgement of a defendant's profits Examines specific issues as periodical payments, breaches of undertakings as to damages, damages, and interest on damages Goes through the statement of case, the trial and appeals Considers damages in relation to particular contracts, torts and human rights such as below: Contracts Sale of Goods, Hire and Hire-purchase of Goods, Sale of Land, Contracts to Pay or to Lend Money, Contracts for Carriage, Contracts of Employment, and Contracts for Professional Services Torts Torts affecting Goods: Damages and Destruction, Misappropriation, Torts Affecting Land, Torts Causing Personal Injury, Torts Causing Death, Assault and False Imprisonment, Malicious Institution of Legal Proceedings, Defamation, Economic Torts, Misrepresentation, Infringement of Privacy, Confidence and Private information, and Misfeasance in Public Office Human Rights Comprehensive examination of damages under the Human Rights Act 1998 including the claims for which these damages are available, the circumstances when they will be available, and their quantum. The 22nd edition contains a number of significant new features: Each and every chapter of the book's chapters has been updated and many have been very substantially revised. An entirely new chapter on Equitable Damages, featuring the operation of damages awarded under s 50 of the Senior Courts Act 1981 (commonly described as Lord Cairns' Act damages) as well as the different types of equitable compensation and how they differ from "equitable debt". Coverage of significant recent case law developments in the law of damages Explanation of the various ranges of damages for false imprisonment, defamation, harassment and misuse of private information. Attention to recent legislative amendments and important decisions in jurisdictions other than England and Wales, particularly Northern Ireland, Scotland, Australia, Canada, and the United States. Discussion and explanation of significant developments in relation to damages for personal injury, professional negligence, breach of privacy and misuse of private information, defamation, consequential loss and indemnity clauses, economic loss, aggravated and exemplary damages, vindicatory damages and many more.

A primary reference tool on the general principles and the particular aspects of common law damages, McGregor on Damages is still the leading authority on damages and has been for 60 years. Provides comprehensive coverage of the law of damages, from detailed consideration of the general principles of damages to specific heads of damages and the operation of damages in many specific areas of law. Clarifies complex areas including loss of a chance, mitigation, causation, and exemplary damages Explains difficult and rapidly developing heads of damages such as licence fee damages, vindicatory damages Includes consideration of the operation of money awards in equity including equitable damages, equitable compensation and disgorgement of a defendant's profits Examines specific issues as periodical payments, breaches of undertakings as to damages, damages, and interest on damages Goes through the statement of case, the trial and appeals Considers damages in relation to particular contracts, torts and human rights such as below: Contracts Sale of Goods, Hire and Hire-purchase of Goods, Sale of Land, Contracts to Pay or to Lend Money, Contracts for Carriage, Contracts of Employment, and Contracts for Professional Services Torts Torts affecting Goods: Damages and Destruction, Misappropriation, Torts Affecting Land, Torts Causing Personal Injury, Torts Causing Death, Assault and False Imprisonment, Malicious Institution of Legal Proceedings, Defamation, Economic Torts, Misrepresentation, Infringement of Privacy, Confidence and Private information, and Misfeasance in Public Office Human Rights Comprehensive examination of damages under the Human Rights Act 1998 including the claims for which these damages are available, the circumstances when they will be available, and their quantum. The 22nd edition contains a number of significant new features: Each and every chapter of the book's chapters has been updated and many have been very substantially revised. An entirely new chapter on Equitable Damages, featuring the operation of damages awarded under s 50 of the Senior Courts Act 1981 (commonly described as Lord Cairns' Act damages) as well as the different types of equitable compensation and how they differ from "equitable debt". Coverage of significant recent case law developments in the law of damages Explanation of the various ranges of damages for false imprisonment, defamation, harassment and misuse of private information. Attention to recent legislative amendments and important decisions in jurisdictions other than England and Wales, particularly Northern Ireland, Scotland, Australia, Canada, and the United States. Discussion and explanation of significant developments in relation to damages for personal injury, professional negligence, breach of privacy and misuse of private information, defamation, consequential loss and indemnity clauses, economic loss, aggravated and exemplary damages, vindicatory damages and many more.

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
   

 

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