Hong Kong Case Law: Decisions & Judgments

Topic

Availability of local counsel

Legal area

Court

25 Nov 2021

RE MR GEOFFREY RONALD ROBERTSON QC

Citation

[2021] HKCFI 3434
Court

Court of First Instance
Case number

HCMP1714/2020

The application was dismissed because the applicant failed to show that the public interest required ad hoc admission: the legal issues were not of sufficient novelty or complexity to justify admission to a disciplinary tribunal; the civil standard of proof is settled and unarguable before the BDT; there was no adequate demonstration that suitable local counsel were unavailable given insufficient and overly narrow inquiries (limited to pro bono offers); and other factors relied on carried little weight.
13 Jan 2014

RE NEIL GARNHAM QC

Citation

RE NEIL GARNHAM QC
Court

Court of First Instance
Case number

HCMP3364/2013

Admission of the overseas counsel was refused because the inquiry was not shown to be of unusual difficulty justifying overseas counsel, genuine and reasonable efforts to locate available local counsel were limited, the application was unacceptably late with delay substantially of the applicants' own making, and viable alternatives (such as seeking adjournment or available local senior counsel) existed; on balance the court exercised its discretion against admission.
17 Sept 2010

RE MR DAVID PERRY, QC

Citation

RE MR DAVID PERRY, QC
Court

Court of First Instance
Case number

HCMP1550/2010

The court granted admission because the retrial presents complex factual and legal issues and the prosecution demonstrated that the pool of suitable local senior counsel is limited; in the public interest an overseas leading counsel of Mr Perry's standing should prosecute the retrial, and his admission should extend to the stay application and pre-trial reviews to avoid duplication and promote sensible case management.
25 Sept 2009

RE IAN MILL QC

Citation

RE IAN MILL QC
Court

Court of First Instance
Case number

HCMP1786/2009

The application is refused because the appeal concerns the application of established legal principles to the facts and contract construction rather than novel points of law; the applicant would not add a significant dimension to the appeal and he failed to demonstrate that suitable local counsel were unavailable or that his industry expertise in an Asian/Hong Kong context was necessary.
24 Sept 2007

RE EDMUND JAMES LAWSON QC

Citation

RE EDMUND JAMES LAWSON QC
Court

Court of First Instance
Case number

HCMP1722/2007

The applicant was admitted because the court found the case presented unusual factual and legal complexity and required specialist takeovers expertise, the local pool of leading counsel with relevant experience was necessarily small, and the applicant would add a significant dimension to the case; these facts justified admission despite limited affidavit detail about attempts to instruct local counsel.
19 May 2003

RE ALISTAIR JOHN McGREGOR QC

Citation

RE ALISTAIR JOHN McGREGOR QC
Court

Court of First Instance
Case number

HCMP1692/2003

Application granted because the Action presents unusually difficult and specialist legal issues of importance to Hong Kong law (fiduciary duties, confidential information, remedies) for which overseas specialist counsel could add significant expertise; the pool of appropriately experienced local senior counsel was limited and scheduling conflicts made suitable local leadership unavailable, and the public interest in correct resolution outweighed the lateness of the application.
1 Apr 1999

IN RE J.F. BADENOCH

Citation

IN RE J.F. BADENOCH
Court

Court of First Instance
Case number

HCMP1680/1999

Application dismissed because the applicant failed to satisfy the court that the case was of unusual difficulty and that no local counsel of appropriate skill and experience was available, and there was no adequate evidence that the applicant's retention was justified or that solicitors had attempted to find suitable local counsel; gratuitous Law Society opinions were accorded no weight.
30 Oct 1998

RE ROBERT HT HILDYARD, QC

Citation

RE ROBERT HT HILDYARD, QC
Court

Court of First Instance
Case number

HCMP5623/1998

The court found the issues to be of unusual difficulty and complexity and, notwithstanding shortcomings in the solicitors' efforts to brief local counsel, there were genuine attempts and special circumstances (limited availability due to the Airport Inquiry and urgency) which, taken together, justified admitting the overseas counsel; applications therefore granted.
30 Oct 1998

RE LESLIE GORDON KOSMIN, QC

Citation

RE LESLIE GORDON KOSMIN, QC
Court

Court of First Instance
Case number

HCMP5622/1998

The court found the proceedings involved issues of unusual difficulty and complexity and, despite criticisms about delays and insufficient attempts to brief local senior counsel, the solicitors had made genuine attempts and special circumstances (notably competing demands on local counsel such as the Airport Inquiry) justified, reluctantly, admitting the overseas applicants under s.27(2).
25 May 1995

In re Robin Potts Q.C.

Citation

In re Robin Potts Q.C.
Court

Court of First Instance
Case number

HCMP1102/1995

Admission refused because the only international element had ceased to exist, the petition was not of unusual difficulty or complexity, there was no evidence that no local counsel of appropriate skill was available, and public interest did not warrant admission of the overseas counsel.