YAU SIU YUEN AND OTHERS v. SHING CHEUK HING AND OTHERS

YAU SIU YUEN AND OTHERS v. SHING CHEUK HING AND OTHERS

The court found that both firms allowed an unqualified litigation clerk to handle the matter almost entirely without proper supervision, resulting in substandard pleadings and affidavits, failure to advise the clients adequately and to pursue or explain evidential positions; this conduct amounted to serious misconduct/dereliction of duty sufficient to invoke RHC O.62 r.8 and therefore the two firms must repay fees and bear their clients' costs; counsel's conduct, though some affidavits were unprofessional, did not independently amount to misconduct warranting an order against counsel.

Citation
YAU SIU YUEN AND OTHERS v. SHING CHEUK HING AND OTHERS
Parties
1st Plaintiff: YAU SIU YUEN; 2nd Plaintiff: WONG CHUCK CHUNG ANDREW; 3rd Plaintiff: LAU KWAI TONG; 4th Plaintiff: FUNG WING CHUNG; 1st Defendant: SHING CHEUK HING; 2nd Defendant: LI KAM HUNG; 3rd Defendant: WONG MAN CHUEN; 4th Defendant: CHANG HIS JIH; 5th Defendant: LI SHUN YIU; 6th Defendant: CHAN YU HONG; 7th Defendant: LEUNG KWOK KI; 8th Defendant: LI SHEK CHEUNG; 9th Defendant: YIP KAM CHEUNG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 December 1999
Case Number
HCA6312/1996
Procedural Posture
Defamation Action / Post Trial Costs and Solicitors' Misconduct Hearing Under RHC Order 62 R.8
Outcome
Court ordered two firms of solicitors to repay all costs received from their clients and to bear costs personally; no personal order made against counsel; costs nisi of HK$2,000 awarded to each of seven defendants in lieu of taxation
Legal Topics
Fair Comment, Justification, Order 62 R.8 Solicitor Personal Liability, Withdrawal of Admissions, Pleading Standards
Source Language
EN
Defamation Professional Negligence Civil Procedure Costs Fair Comment Justification Order 62 R.8 Solicitor Personal Liability Withdrawal of Admissions +1 more

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Parties

YAU SIU YUEN

1st Plaintiff

WONG CHUCK CHUNG ANDREW

2nd Plaintiff

LAU KWAI TONG

3rd Plaintiff

FUNG WING CHUNG

4th Plaintiff

SHING CHEUK HING

1st Defendant

LI KAM HUNG

2nd Defendant

WONG MAN CHUEN

3rd Defendant

CHANG HIS JIH

4th Defendant

LI SHUN YIU

5th Defendant

CHAN YU HONG

6th Defendant

LEUNG KWOK KI

7th Defendant

LI SHEK CHEUNG

8th Defendant

YIP KAM CHEUNG

9th Defendant

Procedural Posture

Defamation Action / Post Trial Costs and Solicitors' Misconduct Hearing Under RHC Order 62 R.8

Legal Issues

  1. 1 Whether solicitors should be made personally liable under RHC O.62 r.8 for permitting a litigation clerk to conduct the case with inadequate supervision
  2. 2 Whether the defence of fair comment was properly pleaded and sustainable on the facts known at the time
  3. 3 Whether the conduct of the litigation clerk and the firms amounted to serious misconduct or dereliction of duty

Ratio Decidendi

The court found that both firms allowed an unqualified litigation clerk to handle the matter almost entirely without proper supervision, resulting in substandard pleadings and affidavits, failure to advise the clients adequately and to pursue or explain evidential positions; this conduct amounted to serious misconduct/dereliction of duty sufficient to invoke RHC O.62 r.8 and therefore the two firms must repay fees and bear their clients' costs; counsel's conduct, though some affidavits were unprofessional, did not independently amount to misconduct warranting an order against counsel.

Court Disposition

Court ordered two firms of solicitors to repay all costs received from their clients and to bear costs personally; no personal order made against counsel; costs nisi of HK$2,000 awarded to each of seven defendants in lieu of taxation

Orders

  • Two firms of solicitors to repay forthwith to their clients all costs received in respect of this matter and to bear costs personally pursuant to RHC O.62 r.8
  • No order against counsel as to personal liability