陳翱謙大律師
陳翱謙大律師
認許: 2017 (香港)
學歷
- 牛津大學民法學士
- 香港大學法學專業證
- 香港大學法學學士（一等榮譽）
聯絡方法
| 電郵: | jchan@templechambers.com |
|---|---|
| 電話: | (+852) 2523 2003 |
秘書
| 姓名: | 李小姐 |
|---|---|
| 電郵: | karlie@templechambers.com |
| 電話: | (+852) 2248 1961 |
引述
CCB International Overseas Ltd Secures Bankruptcy Order Based on HK$472M Debt
最新判案書 • 09 April 2024
Temple Chambers Ranked By The Legal 500 as the “Natural Choice” for Competition Law Disputes
天博消息 • 29 December 2023
Temple Chambers Ranked By The Legal 500 as the “Best Set” for Family & Private Client Disputes
天博消息 • 21 December 2023
Guidance on The Time for Making an Application for Leave to Apply for Judicial Review
最新判案書 • 29 November 2023
Guidance on Procedural Rules in Competition Proceedings
最新判案書 • 23 November 2023
經驗
獎學金 / 獎項
專業經驗
陳翱謙大律師師從杜淦堃資深大律師、陳樂信資深大律師、薛日華資深大律師和李頌然資深大律師，實習期滿後於2017年加入天博大律師事務所獨立執業。
陳大律師擁有涉及廣泛的民事訴訟業務，尤其在銀行與金融、商業糾紛、競爭法、公法與司法覆核、證券與監管等領域，並在天博大律師事務所的所有業務領域接受委託。
最新出版的2023年《法律500強》名錄中，陳大律師或選為競爭法以及行政法與公法兩個業務領域的新星，被評價為一名“聰慧絕倫、勤奮敬業的大律師”。
此外，陳大律師還代表客戶處理香港競爭事務審裁處、市場失當行為審裁處以及證券及期貨事務上訴審裁處的法律程序。
案件選例
仲裁
Dismissal of proceedings and undertakings given in aid of arbitration. Led by Abraham Chan SC.
銀行 / 金融
Appeal in mis-selling case involving consideration of principles applicable to the Control of Exemption Clauses Ordinance (Cap. 71) and the Unconscionable Contracts Ordinance (Cap. 458). Led by Jat Sew-Tong SC and Victor Dawes SC.
Mis-selling claim involving equity accumulators. Led by Jat Sew-Tong SC and Victor Dawes SC.
民事欺詐 / 資產追回
Application to strike out conversion and restitution claims. Led by Abraham Chan SC.
慈善
Application for settlement of charitable scheme. Consideration of principles guiding the exercise of the court’s equitable jurisdiction. Led by Benjamin Yu SC and Sara Tong SC.
商業糾紛
Appeal concerning Money Lenders Ordinance (Cap. 163) s.24 and common law illegality defence. Led by Victor Dawes SC.
Application for garnishee order. Consideration of principles relating to the Quistclose trusts and resulting trusts in the context of intra-group funds transfers. Led by Victor Dawes SC.
Application to strike out claims by liquidators against bank for fraudulent trading, dishonest assistance, knowing receipt and restitution. Led by Jat Sew-Tong SC and with Julian Lam.
競爭法
Consideration of principles concerning redaction of confidential information in originating documents. Led by Abraham Chan SC.
Counterclaim against defendant for compensation for losses arising from breach of the Competition Ordinance (Cap. 619). Led by Eva Sit SC.
Appeal against Tribunal’s decision to refuse to grant leave to adduce expert evidence. Led by Eva Sit SC.
衡平法 / 信託
Claim against executors for breach of contract, breach of fiduciary duty and material non-disclosure. Led by Benjamin Yu SC and Eva Sit SC.
Application for discovery in aid of election between account of profits and equitable compensation. Led by Victor Dawes SC.
僱傭
Appeal against ruling of Labour Tribunal. As sole advocate.
禁制令 / 藐視法庭
Application for interlocutory injunction restraining defendants from exercising voting charges attached to shares. As sole advocate.
破產清盤
Application to strike out claims by liquidators against bank for fraudulent trading, dishonest assistance, knowing receipt and restitution. Led by Jat Sew-Tong SC and with Julian Lam.
Claims by liquidators against metals trading company for dishonest assistance, knowing receipt and restitution. Led by Benjamin Yu SC and Eva Sit SC.
專業責任
Appeal in mis-selling case involving consideration of principles in relation to the Control of Exemption Clauses Ordinance (Cap. 71) and the Unconscionable Contracts Ordinance (Cap. 458). Led by Jat Sew-Tong SC and Victor Dawes SC.
Mis-selling claim involving equity accumulators. Led by Jat Sew-Tong SC and Victor Dawes SC.
公法 / 司法覆核
Appeal against dismissal of judicial review application on the ground of failure to provide sufficient reasons. Led by Abraham Chan SC.
Application for judicial review on grounds of interference with the right to freedom of expression and irrationality. Consideration of principles concerning standing to apply for judicial review. Led by Abraham Chan SC.
Consideration of principles applicable to applications for an injunction or stay of execution pending appeal in proceedings involving applications for judicial review. Led by Victor Dawes SC.
精神健康
歸還索償 / 不當得益
Application to strike out claims by liquidators against bank for fraudulent trading, dishonest assistance, knowing receipt and restitution. Led by Jat Sew-Tong SC and with Julian Lam.
Claims by liquidators against metals trading company for dishonest assistance, knowing receipt and restitution. Led by Benjamin Yu SC and Eva Sit SC.
證券法及監管
MMT proceedings involving publication of false or misleading information inducing transactions and insider dealing. Led by Jat Sew-Tong SC and Derek Chan SC and with Julian Lam.
MMT proceedings involving breach of the disclosure requirements under ss.307B and 307G of the Securities and Futures Ordinance (Cap. 571). Led by Victor Dawes SC.
SFAT proceedings involving disciplinary action against sponsors and sponsor principals for failure to conduct proper due diligence in IPO. Led by Jat Sew-Tong SC and Bernard Man SC and with Julian Lam.
電訊
Application for judicial review against the Respondents in relation to auction of telecommunications spectrum. Led by Abraham Chan SC and with Harrison Miao.
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