Elizabeth Anne Herbert

LLM (IT&IPL)

Elizabeth was called to the bar of England and Wales in 2004 and to the Hong Kong bar in 2008. She has a mixed practice and has represented clients at every level from Magistrates' Courts to the Court of Final Appeal.

Elizabeth has wide ranging experience in criminal defence work, having appeared before Magistrates, Judges and Juries.  She is familiar with the juvenile court as well as with questioning vulnerable witnesses.  She has conducted appeals, trials, applications for bail, pleas in mitigation and plea negotiations/bind overs.

As to her civil practice, apart from general civil work, she has developed a niche speciality in cases involving discrimination in an employment context.  Other areas of practice include defamation, non-refoulement claims, shareholder disputes/winding-up, personal injury, intellectual property and matrimonial.

Elizabeth also has an interest in Alternative Dispute Resolution.  She has completed the Mediation Practice Course and is a Member of the Chartered Institute of Arbitrators (East Asia branch). 

Elizabeth has a Masters from the University of Hong Kong in Information Technology and Intellectual Property Law.  She is the course leader for the civil Litigation Writing and Drafting course on the PCLL at The Chinese University of Hong Kong. 

SELECTED CASES

Criminal:

HKSAR v. Pal Dharam [2019] 3 HKLRD 346
An application for leave to appeal against conviction involving a charge of trafficking in over 4.5kg of cocaine.

HKSAR v. Gulnaz Akhtar and Another [2020] HKCFI 952
A Magistracy Appeal against conviction and sentence involving allegations of aiding and abetting the employment of an illegal worker in which it was argued that evidence arising in a subsequent trial involving the same prosecution witness was inconsistent with the evidence of this case resulting in an unsafe conviction. 

HKSAR v. Kirkham, Mark Edward HCMA 658/2016
A Magistracy Appeal against conviction in which the prosecution alleged that the defendant had assaulted a police officer.  The case involved arguments as to whether the arrest was lawful.

Civil:

Oriental Press Group Ltd & Another v. Fevaworks Solutions Ltd (2013) 16 HKCFAR 366
Elizabeth was junior counsel in this landmark case in the Court of Final Appeal in which the court was tasked with determining liability in relation to a website that hosted defamatory material written by a third party without the knowledge of the website. This case was a global first in terms of this question being argued in the highest court of any particular country and, as a result, necessitated research into numerous case authorities from around the world.

Atara Sivan v. Jannick Jacques Simeray HCA 1149/2011 
Elizabeth represented the Plaintiff in an application for injunction in respect of a claim involving defamation and harassment. 

X v. Melvyn Kai Fan Lai and Another [2019] 1 HKLRD 163 
Elizabeth acted for the first defendant in a case involving allegations of sexual harassment in the workplace.  This case necessitated arguments in relation to what constitutes sexual harassment as well as arguments in relation to limitation.

Haden Francis William v. Leighton Contractors (Asia) Ltd DCEO 16/2018
Elizabeth represented the Plaintiff in respect of interlocutory matters arising in a claim involving race discrimination.

Dean Alexander Aslett v. Lane Crawford (Hong Kong) Ltd DCEO 3/2013 
Elizabeth represented the Defendant in this case involving allegations of race discrimination in the workplace.

DL, EP v. K, ME FCMC 507/2020 
Elizabeth represented the Respondent in this case involving maintenance pending suit in a matrimonial dispute.

SFMM v. LKS FCMC 5552/2009 
Elizabeth represented the Respondent in a trial concerning ancillary relief.

Sherma Phadindra v. Tin Wo Engineering Co Ltd and Another [2013] 5 HKLRD 237 
An application for security for costs of an appeal in a personal injuries case.

 

Elizabeth Anne Herbert

Tel: (+852) 2521-5544

Fax: (+852) 2524-5912

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Called to the Bar: England and Wales 2004; Hong Kong 2008

Practice Area(s):

Alternative Dispute Resolution, Company and Securities, Commercial and Contract, Criminal Defence and Prosecution, Employment and Labour, Disciplinary Proceedings, Family, Immigration, Human Rights, Intellectual Property, Land, Personal Injury, Tort.