Kei Kin Hung v Hua She Asset Management (Shanghai) Company Limited

Kei Kin Hung v Hua She Asset Management (Shanghai) Company Limited

Mr Kei Kin Hung failed to discharge the burden of establishing incapacity on the balance of probabilities; expert evidence was conclusory and unsupported by reasoning; UBS documents demonstrated functional capacity; fresh evidence did not establish incapacity within the meaning of the Mental Capacity Act 2005.

Parties
Appellant/defendant: Kei Kin Hung; Respondent/claimant: Hua She Asset Management (Shanghai) Company Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Appeal / Appeal From High Court Decision on Mental Capacity and Litigation Friend
Outcome
Appeal dismissed
Legal Topics
Litigation Friend, Mental Capacity Act 2005, Freezing Orders, Asset Disclosure, Expert Evidence
Civil Procedure Mental Capacity Litigation Friend Mental Capacity Act 2005 Freezing Orders Asset Disclosure Expert Evidence

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Parties

Kei Kin Hung

Appellant/defendant

Hua She Asset Management (Shanghai) Company Limited

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From High Court Decision on Mental Capacity and Litigation Friend

Legal Issues

  1. 1 Whether Mr Kei Kin Hung lacked mental capacity to conduct proceedings under the Mental Capacity Act 2005
  2. 2 Whether the appointment of a litigation friend was justified
  3. 3 Admissibility and weight of fresh evidence on appeal

Ratio Decidendi

Mr Kei Kin Hung failed to discharge the burden of establishing incapacity on the balance of probabilities; expert evidence was conclusory and unsupported by reasoning; UBS documents demonstrated functional capacity; fresh evidence did not establish incapacity within the meaning of the Mental Capacity Act 2005.

Court Disposition

Appeal dismissed

Orders

  • Mr Zhu discharged as litigation friend
  • Freezing order extended to worldwide assets