Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Reliance on counsel's advice

Legal area

Court

28 Jul 2006

A SOLICITOR v. LAW SOCIETY OF HONG KONG

Citation

A SOLICITOR v. LAW SOCIETY OF HONG KONG
Court

Court of Appeal
Case number

CACV372/2004

The application for leave was dismissed because the questions raised were primarily factual assessments of the Tribunal's findings and did not raise points of great general or public importance or novel law; the Court upheld that the appellant had acted reasonably, honestly and in good faith in following counsel's advice, and normal appellate costs principles apply.
3 Nov 2005

A SOLICITOR v. LAW SOCIETY OF HONG KONG

Citation

A SOLICITOR v. LAW SOCIETY OF HONG KONG
Court

Court of Appeal
Case number

CACV372/2004

Court of Appeal held that although misconduct was proved, the appellant had acted honestly, reasonably and in reliance on leading counsel's advice and had cooperated; such misconduct was at the lowest end of culpability and therefore the Tribunal's fine and fixed costs contribution were disproportionate. Appeal allowed in part: fine reduced from $100,000 to $5,000 and costs contribution reduced from $400,000 to $75,000; appeal allowed with costs.