Herbert

Contact Details

Email: elizabeth@pacificchambers.com

Phone: (+852) 2521-5544

Fax: (+852) 2524-5912

Called to the Bar

England and Wales 2004

Hong Kong 2008

Elizabeth Anne Herbert

LLM (IT&IPL)

Elizabeth was called to the Hong Kong bar in 2008 and was called to the bar of England and Wales in 2004. She has a mixed practice and has represented clients at every level from Magistrates' Courts to the Court of Final Appeal. Although the bulk of her work tends to be in relation to commercial contracts her cases have involved many different areas of law including defamation, information technology, landlord and tenant, employment, discrimination, human rights, matrimonial, civil fraud and crime. Elizabeth has a Masters from the University of Hong Kong in Intellectual Property and Information Technology Law and is a member of the Society of Construction Law Hong Kong.

SELECTED CASES


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 (unreported) HCA 1149/2011

Elizabeth was sole counsel in this case where an important Australian precedent was applied in Hong Kong which stated that the tort of defamation occurred in respect of email publication in the location where the email was read.

Dean Alexander Aslett v. Lane Crawford (Hong Kong) Ltd (unreported) DECO 3/2013

Elizabeth was sole counsel in this case involving arguments in relation to allegations of race discrimination in the work place.

Caudalie Spain SL v. VS International Technology Limited and Box Online Limited HCA 719/2012

Elizabeth was sole counsel in this case which involved allegations of fraud.