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Citation
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Judgment date
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| 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 |
| November 2020 |
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Resentencing under the Parole Amendment: whole-life terms imposed for two murders involving premeditation, abduction and sexual/sadistic conduct.
Criminal law – murder – resentencing under Parole of Prisoners (Amendment) Ordinance s7 and s6A – whole-life minimum – aggravating factors: multiple murders, substantial premeditation and planning, abduction, sexual or sadistic conduct – forensic DNA and injury evidence – threshold for exceptional mitigating circumstances.
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11 November 2020 |
| October 2020 |
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Transitional parole eligibility changes do not impose a heavier penalty on the applicant under section 6(4) of the Constitution.
Constitutional law – Retroactivity/Article 7 ECHR – Whether changes to parole eligibility constitute a heavier penalty – Distinction between penalty and execution of sentence – Parole of Prisoners (Amendment) Ordinance 2020 – Transitional re‑sentencing – Life imprisonment.
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14 October 2020 |
| September 2020 |
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Civil Procedure
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23 September 2020 |
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14 September 2020 |
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Foreign receivers by equitable execution may be recognised without domestication, but only on terms including payment of outstanding costs.
Conflict of Laws – Recognition of foreign receivers appointed by way of equitable execution; distinction between equitable execution and enforcement; Perry v Zissis inapplicable to recognition; sufficient connection/situs and forum considerations; officers of foreign court duties (directions, full and frank disclosure); effect of unpaid costs and abuse principle on permission to pursue fresh proceedings.
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4 September 2020 |
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Criminal law
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4 September 2020 |
| July 2020 |
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Court allowed amendment for a misnamed defendant and granted limited pre-action disclosure of specified documents for a contemplated personal injury claim.
Civil procedure — Pre-action disclosure under s.10 CPO and Order 24 r.7A — Misnomer of defendant — Amendment allowed — Relevance and necessity of documents (CCTV, complaint records, first aider report, investigation reports) — Delay and absence of draft pleading not fatal.
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28 July 2020 |
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Court refused security for costs where plaintiff's safety-based confidential address and local assets made security unnecessary.
Civil procedure – Security for costs – Discretion under Order 23 – factors: non-residence, assets within jurisdiction, strength of claim, risk of oppression. Non-disclosure of address – justified by personal safety and foreign court confidentiality; non-disclosure not punitive. Assets within jurisdiction – shareholding in local company and company funds may suffice for enforcement. Merits – limited inquiry into strength of claim unless high degree of probable success or failure is shown.
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17 July 2020 |
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17 July 2020 |
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Application for security for costs dismissed: defendant failed to prove plaintiff non‑resident or impecunious.
Security for costs – Order 23 r.1(1)(a) – non‑residency is a precondition but not determinative; court’s discretion to order security having regard to all circumstances; Residency – person may be resident in more than one place where property is readily available; Evidence and burden – applicant must prove non‑residency and lack of enforceable assets; Full and frank disclosure – material facts must be provided; Enforcement abroad – presumption of enforceability in Commonwealth/Canada absent evidence to contrary.
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10 July 2020 |
| June 2020 |
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Regulation permitting Supreme Court sittings abroad is ultra vires to the extent it purports to extend territorial jurisdiction.
Constitutional law – Emergency regulations; Court sittings by video/remote means – limits on Supreme Court territorial jurisdiction; Ultra vires: emergency powers; Separation of powers; Ad hominem legislation; Section 20 (reasonable justification) and Article 7 (necessity, proportionality, urgency).
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18 June 2020 |
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Court refused defendant’s costs claim for wasted preparation, finding no unreasonable Crown conduct or prejudice to justify costs.
Criminal procedure – Costs in criminal proceedings – Jurisdiction of superior court to order costs – Supreme Court Ordinance s.3(1); Criminal Procedure Ordinance s.15. Inherent jurisdiction – Exercise sparingly to avoid clear injustice; guidance from English Practice Directions but not automatically adopted absent local rules. Application for judge-only retrial – late concession by Crown does not automatically attract wasted costs unless conduct caused prejudice or was unreasonable.
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11 June 2020 |
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Criminal law
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5 June 2020 |
| May 2020 |
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Claim against a third‑party beneficiary struck out: privity and lack of pleaded liability mean no cause of action.
Contract law – privity and third-party beneficiaries – party to contract v. beneficiary; Civil procedure – strike out under Order 18 r 19(1) for disclosing no reasonable cause of action, frivolous or vexatious pleadings; Evidential limits – extrinsic affidavit evidence cannot cure pleading defects on strike-out; Entire agreement clause bars reliance on extrinsic matters; Abuse of process.
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22 May 2020 |
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Defendant sentenced to life with a 30-year tariff (less 628 days remand credit) under POPAO for firearm murder.
Criminal law – Murder – Sentencing under Parole of Prisoners (Amendment) Ordinance 2020 – Court must specify tariff before parole; starting point 30 years for murder unless "exceptional" circumstances; aggravating features (firearm, multiple shots, premeditation, public setting, group involvement); full credit for time on remand (628 days).
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20 May 2020 |
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Applicants awarded costs on standard basis after variation of restraint order; indemnity costs refused despite respondent’s procedural failings.
Proceeds of Crime Ordinance – restraint orders – variation to allow living and business expenses – costs: ordinary rule that costs follow the event; POCO ss.55,100,114 inapplicable to costs awards – indemnity costs require unreasonable conduct; late service and affidavits criticised but insufficient for indemnity.
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19 May 2020 |
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Banking
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12 May 2020 |
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1 May 2020 |
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Defendant proved boat-rental set-off; business-licence and work-permit claims failed; net judgment and interest reformulated.
Counterclaim – set-off – loans consolidated; Boat hire – oral agreement, proved on balance of probabilities; Business licence – documentary evidence negates alleged licence arrangement; Work permit – no binding agreement or demonstrated acceptance/reliance; Registrar’s interest calculation set aside and replaced with court-ordered net sum with 6% interest.
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1 May 2020 |
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No binding 2008 lease was formed; 2012 lease valid and claim of economic duress dismissed.
Contract formation – necessity of agreement on essential terms and requirement of executed, vetted government lease before binding. Evidence – objective assessment of communications and conduct for intention to create legal relations. Tenancy – possession and rent where no concluded lease creates periodic tenancy. Economic duress – illegitimate pressure, practicable alternatives and bona fides; mere fiscal pressure not actionable. Intimidation and mistake – not established on the facts.
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1 May 2020 |
| March 2020 |
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31 March 2020 |
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31 March 2020 |
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Costs
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20 March 2020 |
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Civil Procedure
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10 March 2020 |
| February 2020 |
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Criminal law
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20 February 2020 |
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Constitutional Interpretation
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7 February 2020 |
| January 2020 |
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Costs
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15 January 2020 |