Year: 2018

Vincent Lee provides an analysis of The Supreme Court of the United Kingdom’s landmark decision on “No Oral Modification” Clauses and the practical implications on the parties to a commercial contract in Hong Kong.

It is common for parties to a commercial contract to insert a clause stating that “all variations to the contract must be agreed, set out in writing and signed on behalf of both parties before they take effect” (commonly known as a “No Oral Modification” or “NOM” clause). If the parties subsequently have a purported oral agreement to vary a particular term of the contract but do not say anything about the NOM clause, will such a variation be effective?

Employment Spotlight: Post-termination restraints in Hong Kong – Wilson Cheung looks at some key issues surrounding post-termination restraints in Hong Kong

It is common to find employers imposing post-termination restraints (“PTRs”) on employees in order to restrict the post-termination activities of the employees with the aim of protecting the employer’s businesses.Post-termination restrictions are often used by employers to restrict an employee from: joining competitors; poaching employees; soliciting clients or customers; or dealing with clients or suppliers.

Stan Cheung examines how the Hong Kong Court may use its’ wide discretion in making a decision on costs after the costs hearing has already taken place.

In a recent costs decision handed down in March 2018 in a committal proceedings, the Court of First Instance (“CFI”) in China Metal Recycling (Holdings) Ltd v Chun Hei Man [2018] HKEC 676 considered whether it could, in exercising the wide discretion on costs under Section 52A of the High Court Ordinance and O.62, r.2(4) of the Rules of the High Court, rely on matters or findings in the judgment handed down by the Court of Appeal (“CA”) after the costs hearing had already taken place.