Members of chambers practice in a wide variety of fields including the following areas:Admiralty/Shipping
China related disputes
Criminal Defence and Prosecution
Company and Corporate Law
International law – public and private
Personal Injuries & Medical Negligence
Public and Administrative Law
Trust & Probate
Hong Kong is one of the world's major ports and handles a large percentage of the world's shipping. Members of Gilt Chambers have substantial experience in contentious and non-contentious admiralty and shipping law. Their clients include leading shipping companies, P&I Clubs, insurers and financial institutions in all matters relating to admiralty and shipping law including the carriage of goods and international trade.
Arbitration is a particular areas of focus for a number of counsel in Gilt Chambers who handle all types of arbitration matters including, international, domestic and construction arbitration. Many of them are on the panels of leading international arbitration bodies, such as the ICC, HKIAC, SIAC, LCIA and CIETAC. They have acted as arbitrators and counsel numerous international and domestic arbitrations.
Hong Kong's status as a Special Administrative Region of China and as an international financial centre and major trading port for China means that numerous disputes relating to China are litigated or arbitrated in Hong Kong. Counsel from Gilt Chambers regularly advise and act for clients in disputes that relate to China including investment and financial disputes as well as intellectual property issues. A number of counsel are also fluent in Mandarin Chinese and have qualifications in Chinese law.
Gilt Chambers has a reputation as one of the leading chambers in Hong Kong for criminal practice. Many of the counsel in Chambers have experience in criminal matters at all court levels in Hong Kong. Some are former Department of Justice Prosecutors. Some also sit as acting judges or magistrates. The two leading senior counsel in Chambers are the authors of some the principal books on criminal law, evidence and procedure in Hong Kong. Counsel in these chambers regularly act for defendants in serious criminal defence matters as well as prosecuting on fiat for the Government.
Members who practice in this area include:
Andrew Bruce SC
Dr Gerard McCoy QC SC
James (Jim) Sherry
As a leading business and financial centre, highly complex commercial disputes are often brought before Hong Kong's High Court and arbitration bodies. Many of Gilt Chambers members have substantial experience in handling large complex commercial disputes in the courts of Hong Kong and elsewhere. Often this involves concurrent actions which have been brought in other jurisdictions. Counsel also handle banking disputes related to financing issues and letters of credit.
Members who practice in this area include:
Nicholas Cooney SC
Paul Harris SC
Dr Gerard McCoy QC SC
James (Jim) Sherry
Company and Corporate Law is the lifeblood of Hong Kong. Many counsel in chambers have substantial experience in advising on and handling company and corporate law matters ranging from capital reductions to complex shareholder disputes involving multiple levels of holding companies in various jurisdictions.
The Handover of Hong Kong to China on 1 July 1997 brought into force Hong Kong's the Basic Law. The Basic Law is, effectively, a Mini-Constitution for Hong Kong. Since the Basic Law has come into force numerous cases challenging laws and government practices as being contrary to the Basic Law have been brought before all levels of Courts in Hong Kong. Many of Gilt Chambers members have been advocates in these cases including numerous cases before the Court of Final Appeal.
Gilt Chambers practice in construction law is well established. Counsel in chambers have represented employers, contractors and the Hong Kong Government in respect of claims including under guarantee, "pay when paid" clauses, quantum meruit, repudiation, delay, defective work, liquidated damages, valuation of variations, disruption and re-rating.
The protection of one's reputation is of vital importance in a commercially oriented city such as Hong Kong. Hong Kong defamation law, which is very similar to that in the United Kingdom, provides strong protection against being defamed. A number of counsel have substantial experience in handling defamation cases, most of which are jury trials, for both Plaintiffs and Defendants.
Members of chambers act for the leading firms of accountants, liquidators and insolvency practitioners. Members have acted in many of the major Hong Kong insolvencies in recent years including the New China Hong Kong Group Insolvency.
Intellectual Property has become to be considered as one of the key drivers of economic growth worldwide. Gilt Chambers has a number of members with substantial experience in all types of intellectual property matters, including patent litigation, copyright licensing disputes, trademark infringement and litigation as well registrability issues. Counsel also advise on the contentious and non-contentious cross border matters.
Counsel have also been involved in prosecuting and defending a wide range of criminal cases involving intellectual property.
The Hong Kong courts are required to consider aspects of international law in many of their decisions, including sovereign immunity and conflicts of laws. The court also here many cases in relation to the rights of asylum seekers and the assessment of claimants under the United Nations Convention Against Torture. A number of members of chambers have strong experience in advising on and arguing cases involving complex issues of international law and have been involved in many of the leading cases in Hong Kong in this area.
Review of government decisions and actions by the courts is a very important part of the maintenance of the Rule of Law. This is even more so with the advent of the Basic Law, the Bill of Rights, and the growing body of anti-discrimination and privacy law. Judicial review also has a deep impact on regulatory regimes in finance, real estate, insurance and many other areas.
Members of Gilt Chambers regularly appear in judicial review applications both for and against the government.
Matrimonial law creates a great deal of stress and anxiety and can have real impacts on families, children and family property.
Members of Chambers regularly handle matrimonial matters including, major divorce, child custody, maintenance and other issues.
Mediation is becoming one of the major methods of dispute resolution worldwide. The Hong Kong courts now require that the parties seek to resolve their differences by mediation. This can often be cost effective and the most suitable way for bringing parties together to reach a settlement.
Personal injury litigation involves a large number of claims including accidents, medical malpractice, product liability, workplace injury, wrongful death, and more. Members of Gilt Chambers provide legal representation to both plaintiffs and defendants in cases involving injuries sustained, physically or psychologically, as a result of the negligence or wrongdoing of another person, company, government agency, or other entity.
Members of Gilt Chambers regularly act in an manner of public and administrative law cases including numerous tribunal hearings as well as in reviews against all manner of government and public authority decisions, including decisions concerning constitutional rights, town planning, licensing, civil service discipline, immigration, taxation, building approvals and insider dealing.
Counsel in chambers are involved in numerous regulatory matters including SFC and Stock Exchange inquiries and investigations. They appear before tribunals such as the Market Misconduct Tribunal and SFC appeals tribunal.
Hong Kong as a low tax regime has relatively little taxation litigation and disputes. However, those disputes that do arise are relatively complex and involve an intricate knowledge of Hong Kong's special taxation system. A number of counsel have substantial experience in taxation matters, including acting as members of the Inland Revenue's Review Board.
Trustees have very strong obligations on them to protect trust assets whether created while a person is alive or by succession. Serious consequences flow from a failure to observe these obligations. A number of counsel in chambers handled trust and succession cases on a regular basis.