Nigel Kat SC

Call 1983 (Hong Kong), 1984 (New York), 1977 (England & Wales)
Silk 2015 (Hong Kong)

LANGUAGES

English

CONTACT

T: +852 2840 1130
E: nigel.kat@parksidechambers.com.hk

Secretary: Ms. Emy Sum
E: emy.sum@parksidechambers.com.hk

Profile

Nigel was called to the English Bar in 1977. He has practised in Hong Kong since 1983, firstly with the Hong Kong Government and in private practice since 1988. He is also admitted to the Bar in New York (1984).

Prior to taking Silk in 2015, Nigel was consistently ranked by Chambers and Partners as a “Leading Junior” in Hong Kong. Since taking Silk, Chambers Asia-Pacific Guide reports that he combines being a “good strategist and advocate” with a “direct and no-nonsense approach”.

Nigel has a broad practice across a range of High Court civil and commercial litigation, including insurance, international trade and domestic contracts. He advises and appears in L/C disputes, and successfully defended the UCP 600 in Swiss Singapore v China Citic Bank CACV197/2013, [2016] 2 HKLRD 1125 and in FAMV 50/2014. He recently established economic (commercial) duress by a major international investment bank on a small counterparty in connection with a substantial placement of listed shares in a falling market: Liming Capital v CLSA Limited HCA 2055 of 2008 [2018] HKCFI 6. He advises the Solicitors’ Indemnity Fund and its insurers. He has also dealt with contested liquidations and directors’ liability, including Akai Holdings v. Everwin Dynasty et al. HCCL 42 of 2005 (2016).

Nigel has an outstanding administrative law and judicial review practice. He advises and appears for applicants from developers and ride-hailing operators to NGOs, including Designing Hong Kong and the Friends of Hoi Ha, activists and the indigent at all levels up to and including the Court of Final Appeal.

He successfully conducted the landmark same-sex marriage employment rights case, Leung Chun Kwong Angus v. Secretary for the Civil Service [2017] 2 HKLRD 1132. He succeeded in 2 recent environmental protection challenges for the Country Parks: Chan Ka Lam v. The Chief Executive in Council HCAL 28 of 2015 (2017), which reasserted the Town Planning Board’s Tameside duties, and Chan Ka Lam v The Country and Marine Parks Authority HCAL 54 of 2014 (2017), successfully cross-examining the Government’s principal witness. He conducted the Hong Kong Airport Third Runway challenge in Ho Loy v Director of Environmental Protection HCAL 21 of 2015 (2017). In ST v Betty Kwan [2004] 4 HKLRD 277 and FB v Director of Immigration [2009] 2 HKLRD 346, Nigel established the rights to a fair hearing and to representation in torture claim screening. Most recently, in Designing Hong Kong Limited v The Town Planning Board CACV 184 of 2015, he has led the establishment of Protective Costs Orders in Hong Kong.

Nigel has been an arbitrator for many years and has conducted references and appeared as counsel in international commercial arbitration held under a variety of rules, including ad hoc, UNCITRAL, ICC and HKIAC. He became a Fellow of the Chartered Institute of Arbitrators (FCIArb) in 1992, a Chartered Arbitrator in 2007 and an adjudicator in 2008. He is on the panel of arbitrators of the HKIAC, CI Arb, ICC HK, HKInstArb and APRAG. Recent party-appointed arbitrator appointments include multimillion US$ claims by a venture capital investor and by a Belgian adhesives manufacturer against PRC companies and individuals. As counsel, his recent appointments include the representation of an Israeli distributor in the arbitration of its claims against a very large PRC air-conditioning manufacturer.

In the specialist field of rating, valuation and compensation, he has advised the major developers and utilities including CLP, and appeared in the Lands Tribunal, Court of Appeal and the Court of Final Appeal. His expertise in business valuation, including by various equity and DCF methods, was developed in those cases and is now principally deployed in shareholder disputes.

Nigel was accredited as a mediator by CEDR in 2009 and is now an experienced mediator, including with the CEDR Practice Group. He specialises in the mediation of commercial disputes between investors.

The Hong Kong Bar Association has appointed him to chair its Disciplinary Tribunal. He was a founding member of the Advocacy Training Council of Hong Kong. He regularly teaches and examines advocacy at all levels for the Bar and the ATC in Hong Kong and overseas. He has taught at Keble. He has also served as a member of the Inland Revenue Board of Review.

Practice Areas

General Civil Litigation
Administrative and Public Law
Commercial Law
Planning and Environmental Law
Employment Rights
Rating, Valuation and Compensation
Property Law
  • Fellow of the Chartered Institute of Arbitrators (FCIArb) (1992)
  • Chartered Arbitrator (2007)
  • Adjudicator (2008)
  • Panel of arbitrators of the HKIAC, CI Arb, ICC HK, HKInstArb and APRAG
Commercial / Securities
  • Liming Capital v CLSA Limited, HCA 2055 of 2008.
  • Swiss Singapore v China Citic Bank, CACV197/2013, [2010] 2 HKLD 1125; FAMV 50/2014.
  • Passport Special Opportunities Master Fund LP v ESun Holdings Ltd , HCA 2722 of 2008.

 

Constitutional and Administrative Law
  • Leung Chun Kwong Angus v. Secretary for the Civil Service [2017] 2 HKLRD 1132 (CACV 126 of 2017).
  • ST v Betty Kwan [2014] 4 HKLRD 277(CA) (procedural fairness and fair hearings).
  • FB and others v Director of Immigration [2009] 2 HKLRD 346; HCAL 51 of 2007 (procedural fairness and fair hearings).
  • Lau San Ching v. Apollonia Liu, Returning Officer HCMP 3215 of 1994.
  • Lee Miu Ling v. Attorney-General of Hong Kong [1995] HKLY 558 (HC); CACV 145 of 1995 (CA).

 

Planning and Environmental Law
  • Chan Ka Lam v The Country and Marine Parks Authority HCAL 54 of 2014 (2017).
  • Chan Ka Lam v. The Chief Executive in council and The Town Planning Board HCAL 28 of 2015 (2017).
  •  Ho Loy v Director of Environmental Protection HCAL 21 of 2015 (2017).

 

Civil Procedure
  • Designing Hong Kong Limited v The Town Planning Board CACV 184 of 2015 (Protective Costs Orders).
  • The ‘Hui Rong’ [2008] 5 HKLRD 418; [2009] 1 HKLRD 144 (CA) (with Clifford Smith, SC) [2008] 5 HKLRD 41.

 

Business Valuation; Rating and Valuation, Compulsory Acquisition
  • An international commercial arbitration: valuation of share options as damages (2016).
  • China Light and Power v Commissioner for Rating and Valuation CACV 101 of 1994 (with Michael FitzGerald, QC).
  • Shun Fung Ironworks v Director of Building and Lands [1995] 2 HKLR 311 (LT); [1994] HKLY 193; CA 152, 153 of 1992 (CA) (both with Robert Carnwath, QC).
  • Best Origin v Commissioner for Rating and Valuation [2008] HKEC 323; LDGA 14 of 1998 (LT) (with Guy Roots QC); CACV 67 of 2008 (CA, CFA leave), (2012) 15 HKCFAR 816 (with John Howell QC).

 

Property Law
  • Yau Chin Kwan v Tin Shui Wai Development [2003] 2 HKLRD 1 (CA) (with Benjamin Yu SC).
  • Cheng Chi Lung v Baker & McKenzie HCA 1887 of 2003.
  • Liu & Lam v Baker & McKenzie HCA 4610 of 2003.
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