**Case note: Sixtus Leung v President of the Legislative Council HCAL 1160, 1164, 1165, 1171 & 1178/20181 As a special administrative region of the People’s Republic of China (“PRC“), Hong Kong’s common law system is unique: it is not subordinate to the civil law system in PRC, but the Standing Committee of the National People’s Congress (“NPCSC“), […]
Introduction What is more exciting than a legal tirade between two of the most prominent English judges? Contractual interpretation is the bread-and-butter work of the commercial courts. Whilst it does not attract huge attention in an undergraduate contract law syllabus, its paramount importance in commercial contracting certainly deserves the ink spilled by the duo. In
Hoffmann vs Sumption – Reconciling the battle on contractual interpretation? Read More »
Case note: R (on the application of Conway) v Secretary of State for Justice (27 November 2018)2 The topical issue of assisted dying (“AD”) has shadowed over medical law and human rights law with numerous considerations, including the need to respect the patient’s right to family life and safeguarding the sanctity of life.3 Since the Supreme Court’s seminal
Introduction Russian military intervention has seemingly turned what was once a contentious and indecisive civil war into a fray the Government shall inevitably win. Russian forces had conducted some 70,000 airstrikes by January 2017.1 Nevertheless, there has been much discussion of Western intervention in Syria and little discussion of Russia’s intervention. I therefore aim to scrutinise Russian
The illegality of Russian intervention in Syria Read More »
Case note: Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd [2018] UKSC 57 A. Introduction The law of easement, a seemingly dry and technical aspect of land law, has been rejuvenated in the recent UKSC case of Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd.1 Much of the confusion surrounding the law is attributed to the archaic
Creating easements with ease: Re Ellenborough Park test revisited Read More »
— Case note: Case C-621/18 Wightman v Secretary of State for Exiting the European Union Since the Supreme Court’s (“SC”) landmark judgement in R (on the application of Gina Miller) v Secretary of State for Exiting the European Union,1 the legal position and powers of the Westminster Parliament have been at the epicentre of the Brexit legal conundrum.
A symphony of parliamentary sovereignty Read More »
Case note: Y v An NHS Trust and others [2018] UKSC 461 The question over the necessity of obtaining court order for terminating clinically assisted nutrition and hydration (“CANH”) for patients with minimal prospects of recovery reflects two competing concerns: (i) the right to respect the private and family life of the patient and his/her family,2 and
Medical exceptionalism: Best Interests From a Human Rights Perspective Read More »
The Rome I Regulation (593/2008/EC) is the EU regulation which governs the choice of law applicable to contractual obligations in civil and commercial matters. It replaces the 1980 Rome Convention and effects important structural changes to the rules for determining the applicable law, as well as the exceptions to those rules (the ‘choice of law
Banca Nazionale del Lavoro SPA v Playboy Club London Limited and others [2018] UKSC 43 concerns a claim for pure economic loss due to a negligent misrepresentation. It sets a precedent for cases that concern a duty of care between a statement-maker and third party undisclosed principal. At first glance, the instant case appears consistent to Hedley
The Undisclosed Principal: Limiting Liability for Negligent Misrepresentations Read More »
Case note: Lubiano v The Director of Immigration HCAL 210/2016 In Lubiano v The Director of Immigration HCAL 210/2016, the Hong Kong Court of First Instance considered a judicial review application for the ‘Live-in Requirement’ applicable to Foreign Domestic Workers (FDWs). There are over 357,000 Foreign Domestic Workers in Hong Kong, mostly coming from the Philippines and Indonesia (as
