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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll