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Citation
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Judgment date
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| November 2021 |
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Court dismissed liquidators’ application to set aside judicial-review leave, finding it lacked jurisdiction under the applicable procedural framework.
Judicial review procedure – leave to apply – application by interested party to set aside leave after applicant and respondent settle – jurisdiction to entertain such applications; Civil procedure – application timing, standing, failure to prosecute and abuse of process; Supreme Court Ordinance s.3(3) – application of English practice (CPR 54.13) to revocation of leave.
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19 November 2021 |
| October 2021 |
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Issuance of the TC Islander Status Card rendered judicial review and disclosure claims moot; applicant awarded costs on standard basis.
Administrative law – judicial review of executive decisions regarding status/conferral of nationality-style status – reconsideration de novo. Civil procedure – Norwich Pharmacal pre-action disclosure – mootness where primary relief is subsequently obtained. Costs – award of costs on standard basis; taxation if not agreed.
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15 October 2021 |
| September 2021 |
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Detention after conviction lacked statutory basis but a short grace period and release conditions were lawful; habeas corpus dismissed.
Immigration law – detention pending deportation – limits of power to detain (Hardial Singh principles). Grace period – brief reasonable period permitted to arrange release (Algeria v Secretary of State). Lawfulness of conditions on release – when conditions constitute appropriate safeguards versus unlawful restraints on liberty. Habeas corpus – remedy for unlawful detention and post-detention restraints.
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21 September 2021 |
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Court allows amendments: boundary under Strata Titles Ordinance is centre line unless strata plan otherwise specifies.
Strata law – Interpretation of Strata Titles Ordinance s.7(1)(c)(ii) and s.7(3) – boundary between strata lot and common property is centre line unless strata plan specifies otherwise. Pleadings – Amendment under O.20 r.5 and r.10 – amendments permitted unless immaterial, useless or causing injustice; amendments that raise triable factual issues should be decided on evidence at trial. Evidence – Surveyor assertions about plan boundaries cannot displace plain statutory/plan interpretation on interlocutory application.
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10 September 2021 |
| August 2021 |
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Civil Procedure
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23 August 2021 |
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Interim springboard injunction refused where applicant produced sparse evidence and relied on implied post‑termination duties.
Interim/springboard injunction; American Cyanamid principles; balance of convenience; springboard requirements—specify nature and period of unlawful competitive advantage; adequacy of damages; implied post‑termination duties; insufficiency of pleadings/evidence.
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5 August 2021 |
| July 2021 |
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Court held conditional fee agreements permissible in TCI when not champertous and when safeguards ensure fairness.
Contingency/conditional fee agreements — maintenance and champerty — public policy — liquidator’s discretion in insolvency — access to justice for indigent litigants — reliance on Thai Trading, Sibthorpe and Privy Council obiter — safeguards: court‑approved tariffs and taxation by Registrar.
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23 July 2021 |
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Photographic identification excluded due to cumulative procedural breaches creating an unfair and suspicious identification.
Criminal law – Identification evidence – photographic identification – compliance with PACE Code D and police guidance; risk of unfairness from procedural breaches. Evidence – exclusion where cumulative breaches (lost notes, random photo selection, non‑similar photos) give rise to suspicion and miscarriage of justice. Recognition evidence – prior familiarity insufficient to cure tainted identification procedure.
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22 July 2021 |
| June 2021 |
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Judge concluded no real possibility of bias and will hear the full recusal application.
Judicial recusal; allegation of bias; Porter v. McGill real-possibility test; distinction between adverse litigation between clients and personal bias; judge’s explanatory statement on recusal procedure (authority cited).
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21 June 2021 |
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Criminal law
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18 June 2021 |
| May 2021 |
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A judge who remains partner in a firm appearing in the case must recuse if a fair‑minded observer would see a real possibility of bias.
Judicial conduct – recusal – apprehended bias – test of the fair‑minded and informed observer (Porter v. Magill) – continuing partnership with firm appearing in proceedings may give rise to a real possibility of bias. Presumed/automatic disqualification where judge has an interest in a party – Dimes/Locabail. Waiver of objection – must be clear, unequivocal and informed.
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27 May 2021 |
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21 May 2021 |
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Applicant failed to prove unreasonable behaviour or requisite five-year separation; divorce petition dismissed.
Matrimonial law – Divorce on breakdown – Unreasonable behaviour – credibility and admissions against interest; Five years’ separation – when living apart indicates breakdown (separation by agreement for medical/immigration reasons excluded); Power to revise unperfected oral judgment.
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17 May 2021 |
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14 May 2021 |
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Constitutional Law
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7 May 2021 |
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Criminal law
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7 May 2021 |
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Criminal law
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7 May 2021 |
| April 2021 |
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The applicant’s court-approved private-treaty sale was valid despite the respondent being struck off; service and procedure were proper.
Company law – struck-off companies – Companies Ordinance 2017 s.258(3)(b) preserves creditors’ rights; Procedure – Chargee’s remedies under Registered Land Ordinance – court-approved private treaty sale; Service – s.151 RLO and acknowledgment at registered office; Adjournment – restricted acts by struck-off company under s.258(1).
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27 April 2021 |
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16 April 2021 |
| March 2021 |
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Legal Profession
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30 March 2021 |
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Constitutional Interpretation|Constitutional Law
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12 March 2021 |
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Legal Profession|Legal Professional and Judicial Conduct|Principles
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3 March 2021 |
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Court values 4ft buffer by pro‑rating whole parcel ($15,000) and awards $34,370 for access interference.
Property valuation – market value of a narrow strip – proper method is to value the whole parcel and pro‑rate; Valuation comparables – special interest sales and adjustments; Easement/interference – no diminution in overall parcel value but compensable access impairment measured by cost to cure and lost land value.
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3 March 2021 |
| February 2021 |
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Property Law
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23 February 2021 |
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Adverse publicity and COVID‑related delay justified ordering a judge‑alone trial to protect the applicant’s fair‑trial rights.
Criminal procedure – application for trial without jury under s.58 Criminal Procedure Ordinance; pre‑trial publicity (print and alleged social media) and risk of juror prejudice; constitutional right to a fair hearing within a reasonable time; COVID‑19 related delays and Practice Directions permitting judge‑alone trials; evaluative balancing of statutory factors.
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22 February 2021 |
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Court refused to allow security in lieu of taxed costs and clarified recognition is conditional on payment of full taxed costs.
Variation of judgment — Re Barrell/Re L and B principles — whether delay in taxation justifies substitution of security for payment of taxed costs; Receivership recognition conditional on payment of taxed costs; duty of full and frank disclosure in ex parte service applications; costs allocation and apportionment where successful parties win on some but not all issues (25% reduction for applicants).
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10 February 2021 |
| January 2021 |
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Prosecution failed to prove alleged corrupt interference and attempt to pervert justice beyond reasonable doubt due to credibility doubts.
Criminal law – Act of Corruption (Integrity Commission Ordinance s.67(i)) – interference with performance of public official to benefit another Criminal law – Attempting to Pervert the Course of Justice – requirement of a positive act and intention to pervert public justice Evidence – single witness credibility – effect of inconsistencies, admissions and corroborative defence evidence Criminal procedure – submission of no case to answer – prima facie requirement vs. ultimate burden of proof on prosecution
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20 January 2021 |
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Equity and Trusts
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11 January 2021 |