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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll