Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Article 35 basic law - choice of lawyers

Legal area

Court

19 Jul 2021

MARK TAYLOR SIMPSON QC v. BAR COUNCIL OF THE HONG KONG BAR ASSOCIATION AND ANOTHER v. THE LAW SOCIETY OF HONG KONG

Citation

[2021] HKCFA 25
Court

Court of Final Appeal
Case number

FAMV144/2021

The applications for leave to appeal were refused because the appeals were rendered wholly academic by a commercial settlement and the subsequent instruction of a local barrister, and there was insufficient exceptional public interest to justify granting leave; the Court therefore declined to decide the substantive questions raised.
19 Jul 2021

THE LAW SOCIETY OF HONG KONG v. MARK TAYLOR SIMPSON QC v. BAR COUNCIL OF THE HONG KONG BAR ASSOCIATION AND ANOTHER

Citation

[2021] HKCFA 25
Court

Court of Final Appeal
Case number

FAMV141/2021

Leave to appeal was refused because the applications were rendered academic by subsequent settlement and compliance with the condition at trial, and there was insufficient public interest to justify deciding the wider legal questions in this case; additionally, the court accepted that the usual condition was within the exercise of discretion under section 27(4) LPO and that Article 35 did not extend to overseas counsel without local practice rights.