Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Legal professional privilege waiver
  • 23 Oct 2019

    HKSAR v. APELETE KOKOU AFLA

    Citation
    [2019] HKCA 1189
    Court
    Court of Appeal
    Case number
    CACC176/2017

    The Court held that the repeated failure by the applicant's then solicitor and counsel to comply with clear court directions, and the prolonged undue delay in filing required waiver/affirmation and making inquiries of prior trial representatives, amounted to serious professional misconduct/wasted costs under s.18 CCCO; a compensatory order was therefore appropriate and was quantified and equally apportioned between the former counsel and solicitor; the LAD and its officer were not liable. The Court also imposed binding duties on fresh appellate representatives to make independent enquiries, o…

    • Wasted costs
    • Failure to comply with court directions
    • Flagrant incompetence
    • Duty of fresh appellate counsel to enquire
    • Legal professional privilege waiver
    • Undue delay