Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Solicitor professional misconduct

Legal area

Court

11 Jan 2021

LAU SHING FAI REX v. LAU WING KA

Citation

[2021] HKDC 36
Court

District Court
Case number

DCPI3109/2020

The writ did not affect title or create any interest in the defendant's land and therefore was not registrable as a lis pendens under the Land Registration Ordinance; the registration was an abusive tactical use of the land registration system to impede a sale and warranted immediate vacatur and indemnity costs, with the plaintiff's solicitors personally liable due to lack of legal basis and proper advice.
16 Sept 2004

MA SO SO JOSEPHINE v. CHIN YUK LUN FRANCIS

Citation

MA SO SO JOSEPHINE v. CHIN YUK LUN FRANCIS
Court

Court of Final Appeal
Case number

FACV15/2003

A solicitor who, in relation to proceedings, issues or pursues litigation known to be false so as to abuse the court's process may be ordered under O 62 r 8 to indemnify the opposing party for costs reasonably caused by that misconduct where causation and procedural fairness are established; in this case the Court found the necessary misconduct, causation and procedural fairness and upheld an order that the appellant indemnify the respondents for the Writ Action costs, while varying the O 62 r 8 hearing costs to party‑and‑party basis.