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Recent Judgments

Court granted a protective 12‑month extension of a writ where service was disputed, exercising inherent jurisdiction to prevent injustice.
Civil procedure – extension of writ validity – protective extensions where service is disputed – inherent jurisdiction to prevent injustice – Order 6 r.8 principles (Kleinwort Benson) – balance of prejudice – technical irregularity not automatically fatal.
9 December 2025
The applicant’s claim was struck out as an impermissible relitigation barred by res judicata and privity.
Res judicata; abuse of process (Henderson v Henderson); issue estoppel; privity of interest; misfeasance in public office; strike out under Ord. 18 r.19; appropriate remedy (judicial review v damages).
8 December 2025
Whether circumstantial and expert evidence supported conviction and whether judge misdirected on mens rea, late evidence, post‑offence conduct.
Criminal law – Circumstantial evidence – Drawing inferences from primary facts; Mens rea – inference of intention to kill from nature of wound and facts; Expert/scientific evidence – role as part of whole-case assessment; Late disclosure/recall of witness statements – admissibility and prejudice; Post‑offence conduct – admissibility, need to balance probative value against prejudicial effect and to consider innocent explanations; Lies as evidence – application of Lucas direction; Application of the Proviso where inadmissible evidence was admitted but verdict inevitable.
5 December 2025
A Minister breached fiduciary duty by relying on an expired land valuation; judgment corrected to reflect that finding.
Administrative/fiduciary duty – Ministerial duty when effecting land transfers – obligation to obtain current valuation where prior valuation has expired or where material change may have occurred. Evidence/interpretation – significance of typographical errors in quoted documents and their potential to alter legal conclusions. Remedies – corrigendum to judgment to correct wording and clarify findings.
14 November 2025
Registrar grants interim payments under Order 29 after finding plaintiffs likely to obtain substantial damages, apportioning liability between defendants.
Interim payments (Order 29 r.10–11) – personal injury – high civil standard of proof that plaintiff would obtain substantial damages against a particular defendant – evidence required (medical reports, special damages) – multiple defendants and apportionment – non-compliance with procedural directions not per se fatal.
11 November 2025
Plaintiff failed to prove defendant dishonestly assisted in undervalued Crown land transfers; claim dismissed.
• Crown land allocation – Crown Land Policy – CPLs vs freehold transfers – delegated ministerial authority • Fiduciary duty of minister – distinction between disloyalty (breach) and mere incompetence or error • Dishonest assistance (accessory liability) – elements: fiduciary duty and breach, assistance, and dishonesty (objective test) • Evidence – hearsay in civil proceedings admissible under Evidence (Special Provisions) Act; non-compliance affects weight • Valuation and equitable compensation – assessable loss must flow from breach; speculative development valuations not controlling where land undevelopable/nature reserve
10 November 2025
Court declares vending on specified beach areas unlawful but refuses mandamus, allowing restoration if enforcement remains unsatisfactory.
Beach and Coastal Vending Act 2021 — enforcement — vending zones — operation outside permitted zones — discretionary enforcement by Beach Patrol Unit — limits of mandamus where enforcement is ineffective but not wholly refused; public authority resource/ impossibility defenses.
7 November 2025
Refusal to grant residence permit to same‑sex spouse found discriminatory; court ordered permit issued, refusing to amend marriage law.
Constitutional law — discrimination (sexual orientation) — sections 7, 9, 16 — interpretation of “spouse” in Immigration Ordinance to include foreign same‑sex marriages — section 10 as lex specialis on right to marry — remedial powers under section 21(2) — courts may fashion effective relief — costs: appellate review of discretionary costs orders (plainly wrong test).
27 October 2025
Appeal dismissed: strong DNA and circumstantial evidence supported convictions; stays and procedural complaints failed.
Abuse of process – stay applications; Disclosure obligations – materiality and relevance; DNA evidence – admissibility, contradictory reports, and jury directions; Circumstantial evidence and no‑case submissions; Procedural irregularities and material irregularity test; Joint enterprise and good‑character directions.
27 October 2025
Joint custody granted but day‑to‑day care and control awarded to respondent as being in the children’s best interests.
Family law – custody and day‑to‑day care – welfare and best interests under Family Law Act – welfare checklist and children’s wishes Child welfare – evidence from social services, psychological assessments and Magistrate’s findings weighed in custody decision Siblings – principle against separation unless necessary; holistic welfare balancing exercise Joint custody – maintained while day‑to‑day care and control awarded to respondent
6 October 2025
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Recent Legislation

Practice Direction 1 of 2025 4 August 2025
Legal Notice 29 of 2022 5 May 2025
Legal Notice 15 of 2025 5 May 2025
Legal Notice 12 of 2023 5 May 2025
Legal Notice 16 of 2025 5 May 2025
Legal Notice 3 of 2025 7 February 2025
Legal Notice 61 of 2024 2 December 2024
Government Notice 51 of 2021 22 November 2024
Legal Notice 58 of 2024 22 November 2024
Practice Direction 1 of 2024 10 June 2024
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