The Challenge Of Lawyer Christopher Paul Erving (Of Erving Brettell Solicitors) Said To Be Wholly Misconceived and Devoid of Merit by Deputy Judge Doreen Le Pichon

THE COUNCIL OF THE LAW SOCIETY OF HONG KONG v. CHRISTOPHER PAUL ERVING PREVIOUSLY PRACTISING AS ERVING BRETTELL [2015] HKCFI 165; HCMP 2402/2014 (6 February 2015)

HCMP 2402/2014 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE MISCELLANEOUS PROCEEDINGS NO 2402 OF 2014 ________________________ IN THE MATTER OF the intervention in the practice of Messrs Erving Brettell pursuant to Section 26A of the Legal Practitioners Ordinance, Cap 159 and IN THE MATTER OF the money vested in or held by the Council of the Law Society of Hong Kong pursuant to Section 2 of Schedule 2 to the Legal Practitioners Ordinance, Cap 159 and IN THE MATTER OF Order 85, rule 2 of the Rules of the High Court, Cap 4A and IN THE MATTER OF Sections 6 and 10 of Schedule 2 to the Legal Practitioners Ordinance, Cap 159 ____________________ BETWEEN THE COUNCIL OF THE LAW SOCIETY OF HONG KONG Plaintiff and CHRISTOPHER PAUL ERVING previously practising as ERVING BRETTELL Defendant ____________________ Before: Deputy High Court Judge Le Pichon in Chambers Date of Hearing: 4 February 2015 Date of Handing Down of Decision: 6 February 2015 ________________________ DECISION________________________

 

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9. What is now clear is that the defendant neither disputes nor challenges the Council’s conclusions following the completion of its investigations. Monies have been misappropriated from client accounts and sums are due and owing to the three claimants who were clients of the Firm. In other words, the Intervention was entirely justified...

Conclusion

29. For the reasons stated, the defendant’s challenge is wholly misconceived and devoid of merit. It falls to be rejected with costs in favour of the Council.

	(Doreen Le Pichon)
	Deputy Judge of the Court of First Instance
	High Court

Mr Richard Hudson, instructed by Deacons, for the plaintiff
Mr Michael Blanchflower SC, instructed by Chong & Yen, for the defendant
(Source: http://www.hklii.hk/eng/hk/cases/hkcfi/2015/165.html)