header-logo header-logo

31 January 2025 / Imogen Dodds , Jamie Sutherland
Issue: 8102 / Categories: Features , Construction , Property , Limitation , International
printer mail-detail

A constructive construction project?

205948
Imogen Dodds & Jamie Sutherland consider a Hong Kong case that gives clarity on limitation periods in constructive trust claims
  • In Hui Chun Ping v Hui Kau Mo [2024] HKCFA 32, Lord Hoffmann confirmed in the Hong Kong Court of Final Appeal that claims against category 2 constructive trustees (ie, people whose trusteeship arises from a wrongful act) do not fall within the equivalent provision of s 21(1)(b) of the Limitation Act 1980.
  • Accordingly, claims by a beneficiary to recover trust property from a category 2 constructive trustee are not excluded from the application of limitation periods.
  • Instead, such claims are subject to the usual six-year limitation period.

The Court of Final Appeal of Hong Kong published its decision in Hui Chun Ping v Hui Kau Mo [2024] HKCFA 32 on 23 December 2024, with the lead judgment given by Lord Hoffmann. It is of interest to those practising in England and Wales, as the statutory provision considered by the court is in materially identical

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll