Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Negligence against solicitors

Legal area

Court

7 Apr 1993

CHAN KEUNG v. PATT MANFIELD & CO. LTD.

Citation

CHAN KEUNG v. PATT MANFIELD & CO. LTD.
Court

Court of First Instance
Case number

HCA8385/1990

Judge concluded plaintiff had an arguable case that Patt was employer, the plaintiff and his advisers were not blameworthy for the delay in light of Drado's conduct and association with Patt, there was no cast-iron negligence case against solicitors, and prejudice to Patt was limited given the association and its access to relevant materials; balancing these factors made it equitable to disapply section 27 and allow the action to proceed.
26 Jun 1990

C.S. LOW INVESTMENT LTD. AND OTHERS v. FRESHFIELDS(a firm)

Citation

C.S. LOW INVESTMENT LTD. AND OTHERS v. FRESHFIELDS(a firm)
Court

Court of Appeal
Case number

CACV184/1989

The appeal was allowed and the entire Statement of Claim was struck out because the pleadings were incurably defective and an abuse of process: negligence allegations lacked necessary particulars; serious allegations of partiality and secret profits were unsupported and abandoned; plaintiffs failed to plead or could not prove an actual conflict of duty causing loss or a causal connection between dual retainers and alleged breaches; uncontradicted affidavit evidence negated substance of claim; striking out under O.18 r.19 and the court's inherent jurisdiction was appropriate.