Elizabeth Herbert

Deputy Head of Chambers & Barrister-at-Law

Phone: (+852) 2532-6100 | Fax: (+852) 2550-1120

Email: elizabethherbert@pegasuschambers.com

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

Education:
• LLM, IT and IPL
• LLB (Hons)

Practice Area(s):

Alternative Dispute Resolution, Defamation, Commercial and Contract, Criminal Defense and Prosecution, Employment and Labor, Disciplinary Proceedings, Family, Immigration, Human Rights, Intellectual Property, Discrimination, Tort.

About Elizabeth

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.

  • Most Conscientious Commercial & Contact Barrister (Hong Kong), 2022
  • Best Criminal Litigator (Hong Kong), 2023

Cases

Criminal

Criminal Appeals

HKSAR v. Pal Dharam [2019] 3 HKLRD 346 – (Application for leave to appeal against conviction)

 

HKSAR v. Gulnaz Akhtar and Another [2020] HKCFI 952 – (Magistracy Appeal against conviction and sentence)

HKSAR v. Kirkham, Mark Edward HCMA 658/2016 – (Magistracy Appeal against conviction)

Jury trials in High Court

HKSAR v. Ousainou Touray HCCC 96/2020 (Murder – Led by James Sherry)

HKSAR v. Yano Hiroki HCCC 84/2020 (TDD)

HKSAR v. Rai Atiquallah Khan HCCC 235/2019 (TDD)

HKSAR v. AS & AM HCCC 80/2020 (Rape, buggery, indecent assault)

Trials in the District Court:

HKSAR v. Hossain Sheikh Afjal DCCC 895/2020 (Robbery)

HKSAR v. Bolanos Brudencio Jao DCCC 545/2018 (False instrument)

HKSAR v. Jarmanjit Singh DCCC 95/2018 (Attempted burglary)

HKSAR v. Tam Chung Sang DCCC/782/2017 (Causing death by dangerous driving – Led by David Boyton)

Plea & Sentencing Hearings in the High Court

HKSAR v. Barragan Herrero Jose Antonio HCCC 30/2021 (TDD)

HKSAR v. Rodrigues de Araujo Raimundo Nonato HCCC 209/2020 (TDD)

HKSAR v. Roxas Mark Angelo Miguel Lazaro HCCC 209/2020 (rape)

Plea and Sentencing Hearings in the District Court

HKSAR v. Cheung Wai Hung DCCC 598/2020 (Indecent assault & theft)

HKSAR v. Ajay Kumar DCCC632/2020 (Burglary)

HKSAR v. Hai Chung Po DCCC 792/2020 (Obtaining property by deception)

HKSAR v. Chu Fei Wan DCCC 822/2020 (TDD)

HKSAR v. Haider Usman DCCC 900/2020 (robbery)

HKSAR v. Gadara Jaspal Singh & Anor DCCC 176/2020 (Burglary)

HKSAR v. Miah Sharif DCCC 340/2020 (Tdd)

HKSAR v. Abeysinghe Mudiyanselage Lakmal Roshan P. DCCC 381/2020 (burglary)

HKSAR v. Ramos JR Fredjewell A DCCC 795/2020 (theft)

HKSAR v. Shohidul Islam DCCC 795/2020 (TDD)

HKSAR v. Nguyen Van Dong & Anor DCCC 957/2020 (burglary)

Civil

Oriental Press Group Ltd & Another v. Fevaworks Solutions Ltd (2013) 16 HKCFAR 366 – (Court of Final Appeal case involving internet defamation – led by John Reading S.C.)

Haden Francis William v. Leighton Contractors (Asia) Ltd DCEO 16/2018 (Race discrimination trial)

X v. Melvyn Kai Fan Lai and Another [2019] 1 HKLRD 163 – (Sex harassment trial)

Dean Alexander Aslett v. Lane Crawford (Hong Kong) Ltd DCEO 3/2013 (Race discrimination interlocutory matters)

Atara Sivan v. Jannick Jacques Simeray HCA 1149/2011 – (Injunction for defamation and harassment)

DL, EP v. K, ME FCMC 507/2020 – (Maintenance pending suit in a matrimonial dispute)

SFMM v. LKS FCMC 5552/2009 – (Trial concerning ancillary relief)

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