James C.P. Yu

Barrister

Call: 2005 (HK)

E-MAIL

jamescpyu@gmail.com

CONTACT

+852 2316 6988
+852 2341 9168

Profile

James has extensive practising experience in civil litigation encompassing corporate & commercial disputes, insurance claims, land & properties disputes and estate & probate matters. Since 2009, he was also a Legal Aid Practitioner on contractual disputes, commercial litigation and land & property disputes until his judicial appointment.

During his appointment as a Special Magistrate and Deputy Magistrate, he has acquired enormous and extensive adjudication experience relating to industrial safety compliance & accidents, employment disputes and road traffic negligence cases.

In 2022, his dimension on dispute resolution was further broadened to ADR by getting accredited as a mediator by the CEDR. Before joining Queensway Chambers, James has undertaken a major research project of the Asian Private International Law Academy on cross-border litigation in the APAC regions.

James is fluent in English, Cantonese and Putonghua.

Areas of Practice

Corporate and Commercial Litigation
Property and Tenancy
Estate and Probate
Insurance Claims Disputes
Personal Injuries
Criminal

Education

LL.B. (HKU) 2002
P.C.LL. (HKU) 2003
LL.M. (KCL) 2005

Other Qualification

CEDR Accredited Mediator

Appointments

Special Magistrate (2014-2023)
Deputy Magistrate (2016-2017, 2021)

Other Engagements

Legal research and research paper drafting
- Model law drafting project on cross-border disputes resolution and private international law covering 15 Asian jurisdictions including Hong Kong, Singapore, Malaysia, China, Taiwan, South Korea, Japan, Vietnam, Cambodia, Philippines, Thailand, Indonesia, India, Myanmar and Sri Lanka
- In-depth and comprehensive examination on legislation regimes, case laws and recent legal development
Collaboration meetings with leading scholars and multi-national specialists across APAC regions and common law jurisdictions
Lecturer for Certified Public Accountant
- Contract, Tort, Trust, Sales of Goods, Employment, Financial Regulation
Instructor on “Commercial Law for Accounting and Financial Professionals” by CUHK
- Contract and Agency
Judiciary Researcher on Civil Justice Reform
- Research papers on the relevant bills and drafting of Guidelines and Practical Manual for Judicial Officers and Practitioners

Selected Cases

– Commercial

Case
DCCJ 3682/2011	Insurer’s waiver of duty of disclosure; Definition of material information
DCCJ 4560/2008	Suretyship; Action for money had and received
HCA 17492/1999	Enforcement of Russian monetary judgment in Hong Kong
HCA 2624/2002	Legality of assignment of debts; Champerty; Appropriate forum of proceedings
HCA 1970/2007	Contractual dispute on a major small house development project in Sai Kung
HCMP 868/2007	Revocation of enduring power of attorney; Whether application can be made without notice to donee
HCA 4083/2007	Locus standi of incorporated owners committee elected in a meeting under challenge
HCA 345/2003	Agreement to develop agricultural land; Claim on quantum meruit
HCCT 19/2005	Construction; Contra-charge; Prolongation costs
HCA 56/2006	Joint-Venture Agreement to develop New Territories Land; Duty of purchaser to examine power of attorney
CACV 104/2005	Whether a charge under a charging order absolute be treated as mortgagee for valuable consideration
CACV 323/2004	Inherent jurisdiction of the District Court; Reversal of burden of proof in bailment claim