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Court reviews witness’s reluctance to travel to Hong Kong because of COVID-19

Published on 05 May 2021. By Antony Sassi, Managing Partner, Asia

In Standard Chartered Bank (Hong Kong) Ltd v Nie, the Court of Appeal refused the defendant (who resides outside Hong Kong) permission to appeal a trial judge’s decision not to allow her to give evidence by videoconferencing facilities (VCF) at trial. Apparently, the defendant had been reluctant to travel to Hong Kong from Beijing (where she resides) to attend the trial because of concerns about the COVID-19 public health pandemic. Both the trial judge and the Court of Appeal appear to have been unimpressed by the defendant’s application. Giving witness evidence by VCF during a trial in civil proceedings is not the norm (even during a pandemic). A party looking to rely on such evidence needs to act promptly to obtain the court’s permission and provide good reasons for doing so supported by credible evidence.

Hong Kong courts further expand remote hearings for civil cases

Published on 20 Jan 2021. By Jonathan Crompton, Partner and Rebecca Wong, Partner

Hong Kong courts – Latest guidance on COVID-19 measures

Published on 10 Dec 2020. By Antony Sassi, Managing Partner, Asia and David Smyth, Senior Consultant

Hong Kong courts keeping calm and carrying on

Published on 11 Nov 2020. By Carmel Green, Partner and Antony Sassi, Managing Partner, Asia

Examining the time bar for causes of action for the tort of negligent misrepresentation

Published on 10 Jul 2020.

Section 24A of Singapore’s Limitation Act (Cap. 163) provides, amongst other things, that the limitation period for any cause of action for damages for negligent misrepresentation accrues upon proof of damage in reliance of the negligent misrepresentation.

Arbitrable disputes in the context of winding up proceedings

Published on 05 May 2020.

This note discusses two recent decisions of the Court of Appeal of Singapore that dealt with the standard of review to be applied in winding up proceedings where a debtor asserts that there is a dispute which parties agreed to resolve by way of arbitration.

A Review in Confidence: Modernising the Law of Breach of Confidence in Singapore

Published on 17 Apr 2020.

The elements for a claim for breach of confidence were trite, having been established more than 50 years ago in the English case of Coco v. AN Clark (Engineers) Ltd (1) and affirmed in numerous Singapore decisions (2) .

Hong Kong Courts – In with the old and the new technology

Published on 15 Apr 2020. By Antony Sassi, Managing Partner, Asia and Jonathan Crompton, Partner and David Smyth, Senior Consultant

In Re Cyberworks Audio Video Technology Ltd,(1) the High Court of Hong Kong decided that it can, as part of its case management powers and of its own volition, order that a directions hearing take place by means of a telephone conference without the physical presence in court of the parties or their legal representatives.

Hong Kong courts begin use of video conferencing

Published on 15 Apr 2020. By Antony Sassi, Managing Partner, Asia and Carmel Green, Partner

Given the extended general adjourned period (GAP), during which the courts in Hong Kong have been closed except for urgent and essential court business, the judiciary has adopted an incremental approach to the use of technology for remote hearings.

Hong Kong Court of Appeal hears appeal using video conferencing

Published on 15 Apr 2020. By Charles Allen, Partner & Head of Hong Kong office and Carmel Green, Partner

On 2 April 2020 the Chief Judge of the High Court issued a Guidance Note setting out the practice for remote hearings in the Court of First Instance of the High Court (but not the District Court) using the court's existing video conferencing facilities (VCF). Hard on its heels, on 6 April 2020 the Court of Appeal conducted a hearing by VCF in CSFK v. HWH [2020] HKCA 207.

Restructuring Plans – A Sea Change?

Published on 26 Oct 2022. By Paul Bagon, Partner and Will Beck, Of Counsel and Knowledge Lawyer