Training & Knowledge: January 2017

24th Jan 2017Articles

Judgment of the High Court clarifies the extent of the SFC’s duty of disclosure

       In proceedings brought by the Hong Kong Securities and Futures Commission (‘SFC’) under s.214 of the Securities and Futures Ordinance (‘the Ordinance’) for the disqualification of four former directors from holding positions of management, Mr Justice Lam ordered the regulator to serve a list of documents which have been or are in […]

20th Jan 2017Blog

Orlando Pownall QC represents jailed city worker Ke Xu accused of “deliberately” refusing to surrender seized software worth millions of pounds

Orlando Pownall QC represents Ke Xu, in Trenchant Ltd. Corbiere LTD Trenchant Employment LTD v Ke Xu. The Former City Analyst was acquitted of 3 counts out of a 5 count indictment and received 18 months’ imprisonment, it having been found that he had a reasonable excuse for not handing over copies of confidential intellectual […]

5th Jan 2017Newsletters

Defending Private Prosecutions

Private prosecutions of crimes such as fraud and trademark or copyright infringement have become an increasingly important tool of litigation in the UK in recent years. A number of us at 2 Hare Court are currently acting in such cases, defending and prosecuting.  Whilst much has been written of late about how to bring a […]

5th Jan 2017Newsletters

Proving Propensity via Allegations of Bad Character

The approach to contested non-conviction bad character evidence has changed in the wake of the Supreme Court’s judgment in the case of R v Mitchell [2016] UKSC 55. The Crown Court and Court of Appeal Angelina Mitchell was accused of murder. Her account at trial was that she stabbed the deceased in self-defence. She also […]

5th Jan 2017Newsletters

Checklist for Out of Time Appeals on Jogee Grounds

The CCA’s Approach  It is for the applicant for exceptional leave to appeal out of time to demonstrate that a substantial injustice would be done. This is a high threshold. It is not enough to show that the law has now, following Jogee, been declared to have been mistaken. The CCA will primarily and ordinarily […]